BY AD vs JAMES ABRAHAM

BY ADVS. JAMES ABRAHAM AMMU ASHOKAN SMT. DEVISHREE, GP, SRI.M.P.SREEKRISHNAN, SC, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) AND THE STATE EXPERT APPRAISAL COMMITTEE (SEAC) SRI.T.NAVEEN, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.04.2025, ALONG WITH WP(C).46375/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 31463 & 46375 OF 2024 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 46375 OF 2024 PETITIONER: MINI VARGHESE AGED 47 YEARS W/O. SIMI SEBASTIAN, ΚΑΙΡΡΑΝANICKAL HOUSE, THODUPUZHA, IDUKKI DISTRICT, NOW RESIDING AT ADUKKATHIL HOUSE, PALLIKUTH P.O., CHALIKKAPOTTY, NILAMBUR, MALAPURAM, DISTRICT, PIN - 679334 BY ADV ABRAHAM THOMAS (PUTHURAN) RESPONDENTS: 1 2 3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARYTO GOVERNMENT, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM., PIN - 695001 THE DIRECTOR DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695044 THE DISTRICT GEOLOGIST IDUKKI DISTRICT OFFICE MINING AND GEOLOGY IDUKKI, MINI CIVIL STATION THODUPUZHA, IDUKKI DISTRICT,, PIN – 685584 WP(C) NOS. 31463 & 46375 OF 2024 4 4 5 6 7 8 9 10 11 12 THE DISTRICT COLLECTOR IDUKKI COLLECTORATE IDUKKI, KUYILIMALA, PAINAV P.O., IDUKKI DISTRICT, PIN - 685603 REVENUE DIVISIONAL OFFICER IDUKKI REVENUE DIVISIONAL OFFICE, IDUKKI TOWNSHIP, IDUKKI DISTRICT, PIN - 685603 THE TAHSILDAR THODUPUZHA TALUK, TALUK OFFICE, THODUPUZHA- MUVATTUPUZHA ROAD, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584 KARIMKUNNAM GRAMA PANCHAYAT KARIMKUNNAM.IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY,, PIN - 685586 SECRETARY, KARIMKUNNAM GRAMA PANCHAYAT, KARIMKUNNAM, IDUKKI DISTRICT, PIN - 685586 THE KERALA STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR THIRUVANANTHAPURAM, PIN - 695001 THE KERALA STATE POLLUTION CONTROL BOARD IDUKKI DISTRICT OFFICE, REPRESENTED BY IT'S ENVIRONMENTAL ENGINEER, ESSAREN BUILDING, AANAKOODU JUNCTION ROAD, THRIKKARIYOOR, IDUKKI DISTRICT, PIN - 685584 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM, KENDRIYA BHAVAN, BLOCK C-2, THIRD FLOOR, SPECIAL ECONOMIC ZONE, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682037 SABU KURIAKOSE KOLIKUNNEL HOUSE, ARIKKUZHA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT,, PIN – 685608 WP(C) NOS. 31463 & 46375 OF 2024 5 BY ADVS. S.SANAL KUMAR (SR.) JAMES ABRAHAM AMMU ASHOKAN SMT. DEVISHREE, GP, SRI.M.P.SREEKRISHNAN, SC, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) AND THE STATE EXPERT APPRAISAL COMMITTEE (SEAC) SRI.T.NAVEEN, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).31463/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 31463 & 46375 OF 2024 6 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 31463 and 46375 of 2024 -------------------------------------------- Dated this the 10th day of April, 2025 JUDGMENT When these cases are taken up it is submitted that the quarrying permit in favour of the 7th respondent in W.P.(C)No.31463 of 2024 has already expired and the renewal of the permit is not being considered due to the pendency of these writ petitions. In the above circumstances, these writ petitions are closed without prejudice to the rights of any of the parties. The respondent- State shall consider and dispose of the renewal application if any such request is received. While considering the application, the respondent-State shall hear the petitioners as well as the 7th respondent in W.P.(C) No.31463 of 2024 and if any further enquiries or inspections are to be conducted, the same shall also be in the presence of all the parties in these writ petitions. WP(C) NOS. 31463 & 46375 OF 2024 7 Orders shall be issued thereafter. The petitioners are free to submit any further representations to the State on the question of renewal. Sd/- T.R.RAVI JUDGE LEK WP(C) NOS. 31463 & 46375 OF 2024 8 APPENDIX OF WP(C) 31463/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 THE TRUE COPY OF THE LAND TAX RECEIPTS BEARING NO. KL06040803345/2022 DATED 01-08-2022 ISSUED BY THE VILLAGE OFFICER KARIMKUNNAM WITH REGARD TO THE LAND OWNED BY PETITIONER THE TRUE COPIES OF THE LAND TAX RECEIPTS BEARING NO. KL06040803346/2022 DATED 01-08-2022 ISSUED BY THE VILLAGE OFFICER KARIMKUNNAM WITH REGARD TO THE LAND OWNED BY THE SON OF THE PETITIONER NAMELY JIJO AUGUSTINE TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION BEARING NO. 13 IN THE MEETING OF SEAC HELD ON 07TH TO O9TH DECEMBER 2022 TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD WP(C) NOS. 31463 & 46375 OF 2024 9 Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 14.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT ALONG WITH COPIES OF POSTAL ACKNOWLEDGEMENT CARD EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 TRUE PHOTOGRAPH (NO.1) TAKEN ON 23.06.2024 OF THE SURFACE SOIL DANGEROUSLY STORED NEAR TO THE LAND OF THE PETITIONER THE SURFACE SOIL IS STILL KEPT IN THE SAME SITE. TRUE PHOTOGRAPH (NO.1) OF THE SAME SITE TAKEN ON 24.03.2025 TRUE PHOTOGRAPH (NO.I) SHOWING OF THE CUTTING FACE OF THE QUARRY TAKEN ON 08.04.2025 TRUE PHOTOGRAPH (NO.1 ) OF THE ABANDONED ELECTRICAL WIRING USED FOR ELECTRICAL BLASTING FOUND IN THE QUARRY TRUE PHOTOGRAPH (NO.1) SHOWING THE DAMAGES CAUSED TO THE RUBBER TREES BY THE HITTING OF ROCK PIECES AS WELL AS THE ROCK PIECES FOUND IN THE LANDS AND SURROUNDING OF THE HOUSE OF THE PETITIONER RESPONDENT EXHIBITS Exhibit R5(a) A TRUE COPY OF THE REGISTERED LEASE AGREEMENT SUBMITTED BY THE 7TH RESPONDENT DATED 27-09-2023. Exhibit R5(b) A TRUE COPY OF THE NOC CAUSED BY THE DISTRICT LEVEL CRISIS MANAGEMENT AUTHORITY VIDE NO. DCIDK/7/181/2023-E9 DATED 01-02-2024. Exhibit R5(c) A TRUE COPY OF THE DETAILED INSTRUCTION TO THE PERMIT HOLDER BY THE GEOLOGIST, IDUKKI DATED 09-08-2024. WP(C) NOS. 31463 & 46375 OF 2024 10 Exhibit R7(a) TRUE COPY LETTER OF INTENT DATED 11.11.2019 ISSUED BY THE S¥ DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI Exhibit R7(b) Exhibit R7(c) TRUE COPY OF THE LETTER NO. DOI/797/M/2020 DATED 14.12.2020 (APPROVAL OF MINING PLAN WITH PROGRESSIVE MINE CLOSURE PLAN) ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 18.2.2023 ISSUED BY THE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA) Exhibit R7(d) TRUE COPY OF THE CONSENT TO OPERATE DATED 27.4.2023 ISSUED BY THE KERALA POLLUTION CONTROL BOARD Exhibit R7(e) TRUE COPY OF PROCEEDINGS DATED 15.12.2022 ISSUED BY DISTRICT FIRE OFFICER Exhibit R7(f) TRUE COPY OF THE NOC DATED 26.7.2023 ISSUED BY THE CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI Exhibit R7(g) Exhibit R7(h) TRUE COPY OF THE LICENSE DATED 20.9.2023 UNDER SECTION 232 AND 233 OF KERALA PANCHAYAT RAJ ACT ISSUED BY THE GRAMA PANCHAYAT, KARIMKUNNAM TRUE COPY OF THE QUARRYING PERMIT NO. 1/2023- 24/GBS/QP00IDU-DMG/953/2023-M DATED 19.10.2023 ISSUED BY THE 3RD RESPONDENT WP(C) NOS. 31463 & 46375 OF 2024 11 Exhibit R7(i) TRUE COPY OF THE NOC DATED 1.2.2024 ISSUED BY THE DISASTER MANAGEMENT AUTHORITY, IDUKKI WP(C) NOS. 31463 & 46375 OF 2024 12 APPENDIX OF WP(C) 46375/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT NO. KL06040804328/2023 DATED 22.08.2023 ISSUED BY THE VILLAGE OFFICER, KARIMKUNNAM TRUE COPY OF THE LOCATION SKETCH NO. 540/2023 DATED 06.11.2023 OF THE PROPERTY OF THE PETITIONER PHOTOGRAPHS EVIDENCING THE CRACKS DEVELOPED IN THE PETITIONER’S RESIDENCE DUE TO THE ILLEGAL QUARRYING OF RESPONDENT NO. 12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R12 (a) Exhibit R12 (b) Exhibit R12 (c) TRUE COPY LETTER OF INTENT DATED 11.11.2019 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI TRUE COPY OF THE LETTER NO. DOI/797/M/2020 DATED 14.12.2020 (APPROVAL OF MINING PLAN WITH PROGRESSIVE MINE CLOSURE PLAN) ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE IDUKKI TRUE COPY OF THE ENVIRONMENTAL ~CLEARANCE DATED 18.2.2023 ISSUED BY THE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA) WP(C) NOS. 31463 & 46375 OF 2024 13 Exhibit R12 (d) TRUE COPY OF THE CONSENT TO OPERATE DATED 27.4.2023 ISSUED BY THE KERALA POLLUTION CONTROL BOARD Exhibit R12 (e) TRUE COPY OF NOC DATED 15.12.2022 ISSUED BY DISTRICT FIRE OFFICER Exhibit R12 (g) Exhibit R12 (h) TRUE COPY OF THE LICENSE DATED 20.9.2023 UNDER SECTION 232 AND 233 OF KERALA PANCHAYAT RAJ ACT ISSUED BY THE GRAMA PANCHAYAT, KARIMKUNNAM TRUE COPY OF THE QUARRYING PERMIT NO. 1/2023-24/GBS/QP/DOIDUDMG/ 953/2023-M DATED 19.10.2023 ISSUED BY THE 3RD RESPONDENT Exhibit R12 (i) TRUE COPY OF THE NOC DATED 1.2.2024 ISSUED BY THE DISASTER MANAGEMENT AUTHORITY, IDUKKI Exhibit R12(f) TRUE COPY OF THE PROCEEDINGS DATED 29.3.2023 ISSUED BY THE CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI