✦ High Court of India · 27 Mar 2025

BY AD vs SRI.M.P.SREEKRISHNAN, SC

Case Details High Court of India · 27 Mar 2025

Court

High Court of India

Decided

27 Mar 2025

Bench

T R RAVI

Length

1,941 words

BY ADVS. SRI.M.P.SREEKRISHNAN, SC SRI.G.GIREESH-R6 SRI.MATHEW KURIAKOSE-R6 SRI. T. NAVEEN, KERALA STATE POLLUTION CONTROL BOARD SMT. DEVISHREE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, ALONG WITH WP(C).44403/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 39873 and 44403 OF 2024 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 44403 OF 2024 PETITIONER: THANKACHAN M.S, AGED 64 YEARS S/O. SEBASTIAN, MATHALIKKUNNEL HOUSE, KOOMBARA BAZAR P.O, KOODARANHI, KOZHIKODE DISTRICT, PIN - 673604 BY ADVS. J.ABHILASH LIJO KURIAN JOSE VIMAL BHASKAR RESPONDENTS: 1 2 3 THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM, PIN - 695004 THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, PALATTUTHAZHAM, KOZHIKODE, PIN - 673020 SAJIMON JOSEPH, NARAKATHINGAL HOUSE, KOOMBARA P.O, KOODARANHI VIA, KOZHIKODE, PIN – 673604 WP(C) NOS. 39873 and 44403 OF 2024 4 BY ADVS. SRI.T.NAVEEN, SC -R1 SRI.G.GIREESH-R3 SRI.MATHEW KURIAKOSE-R3 SMT.DEVISHREE,GP SRI.M.P.SREEKIRSHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, ALONG WITH WP(C).39873/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 39873 and 44403 OF 2024 5 T.R. RAVI, J. -------------------------------------------- W.P.C Nos. 39873 and 44403 of 2024 -------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT As far as W.P(C).No.44403 of 2024 is concerned, it is submitted that integrated consent to operate has already been renewed by the Kerala State Pollution Control Board and it is valid till 04.06.2027.

2. In circumstances, W.P(C).No.44403 of 2024 is closed as infructuous.

3. As far as W.P(C).No.39873 of 2024 is concerned, it is submitted that pursuant to the reply submitted by the petitioner to the show cause memo, the petitioner was heard and a decision was taken as per Item No.9 in the 153rd meeting of the SEIAA which has been communicated by letter dated 15.03.2025 granting the petitioner three months time to rectify the defects which have been noted and with a further direction that after the WP(C) NOS. 39873 and 44403 OF 2024 6 rectification of the defects and necessary enquiries the question regarding the non-compliance with the EC conditions will be decided. In the above circumstances, this writ petition is also closed as infructuous. Sd/- T.R.RAVI JUDGE LEK WP(C) NOS. 39873 and 44403 OF 2024 7 APPENDIX OF WP(C) 44403/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.12.2014 ISSUED BY SEIAA TO THE PETITIONER A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 04.01.2020 ISSUED BY THE ENVIRONMENT ENGINEER TO THE PETITIONER VALID UP TO 04.12.2024 A TRUE COPY OF THE FORM LE3 LICENSE RENEWED AND VALID UP TO 31.03.2026 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM A TRUE COPY OF THE TRADE LICENSE ISSUED BY THE SECRETARY, KOODARANHI GRAMA PANCHAYAT RENEWED ON 01.04.2021 VALID UP TO 31.03.2026 A TRUE COPY OF THE QUARRYING LEASE DATED 05.06.2015 VALID UP TO 04.06.2027 EXECUTED BETWEEN THE PETITIONER AND THE STATE GOVERNMENT FOR MINING BUILDING STONES FROM 3.38 HECTARES OF LAND IN SY NO. 2442 PT OF KOODARANHI VILLAGE IN KOZHIKODE TALUK OF KOZHIKODE DISTRICT A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 30828 OF 2017 DATED 29.01.2019 PASSED BY THE LEARNED DIVISION BENCH OF THIS HON’BLE COURT A TRUE COPY OF THE RENEWAL ORDER OF EXHIBIT P1 GRANTED BY THE 1ST RESPONDENT DATED 04.11.2019 A TRUE COPY OF THE LETTER DATED 24.07.2023 FILED BY THE 3RD RESPONDENT TO THE CHAIRMAN, NATIONAL GREEN TRIBUNAL, NEW DELHI WP(C) NOS. 39873 and 44403 OF 2024 8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 A TRUE COPY OF THE ORDER DATED 31.01.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN OA NO. 770/2023 A TRUE COPY OF THE ORDER DATED 25.3.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 A TRUE COPY OF THE ORDER DATED 20.05.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 A TRUE COPY OF THE ORDER DATED 12.09.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 A TRUE COPY OF THE JOINT COMMITTEE REPORT DATED 05.04.2024 SUBMITTED BY THE 3RD RESPONDENT HEREIN BEFORE THE NATIONAL GREEN TRIBUNAL, IN OA NO. A TRUE COPY OF THE ORDER DATED 01.10.2019 ISSUED BY THE ENVIRONMENTAL ENGINEER TO THE SECRETARY, KOODARANHI GRAMA PANCHAYAT WITH COPY TO THE PETITIONER A TRUE COPY OF THE PHOTOGRAPH SHOWING THE DIP MAINTAINED BY THE PETITIONER IN THE QUARRY FOR THE FLOW OF RAIN WATER STREAM DURING RAINY SEASON Exhibit P16 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONCRETED ROAD SIDE THE QUARRY OF THE PETITIONER WP(C) NOS. 39873 and 44403 OF 2024 9 Exhibit P17 A TRUE COPY OF THE ORDER DATED 28.03.2023 ISSUED BY THE RANGE OFFICER, THAMARASSERY TO THE DIVISIONAL FOREST OFFICER, STATING THAT THE PROPERTY SITUATED IN KOODARANHI VILLAGE DOES NOT COME WITHIN THE ECO SENSITIVE ZONE Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 Exhibit P22 Exhibit P23 Exhibit P24 Exhibit P25 Exhibit P26 Exhibit P27 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 148TH MEETING OF THE SEIAA DATED 27 AND 28-09-2024 A TRUE COPY OF THE STOP MEMO DATED 02.11.2024 ISSUED BY THE MEMBER SECRETARY TO THE PETITIONER A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02.11.2024 ISSUED BY THE MEMBER SECRETARY SEIAA TO THE PETITIONER TRUE COPY OF THE REPLY TO EXHIBIT P20 STOP MEMO DATED 26-11-2024 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11/11/2024 ISSUED BY THE ENVIRONMENTAL ENGINEER OF THE FIRST RESPONDENT TRUE COPY OF THE REPLY NOTICE ISSUED BY THE PETITIONER DATED 26.11.2024 TO EXHIBIT P22 TRUE COPY OF THE APPLICATION DATED 26.09.2024 PREFERRED BY THE PETITIONER BEFORE THE POLLUTION CONTROL BOARD TRUE COPY OF THE RECEIPT ISSUED BY THE POLLUTION CONTROL BOARD DATED 26.09.2024 TRUE COPY OF THE REMARK FOR RETURNING THE APPLICATION DATED 21.10.2024 RELAVENT PAGES OF MINING PLAN DATED 01.06.2020 APPROVED BY THE GEOLOGISTS WP(C) NOS. 39873 and 44403 OF 2024 10 Exhibit P28 TRUE COPY OF THE S.O. 1807 (E) DATED 12.04.2022 ISSUED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE RESPONDENT EXHIBITS Exhibit R 3 [ a ] TRUE COPY OF THE SHOW CAUSE NOTICE Annexure R1(a) DATED 05.11.2024 ISSUED BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE KOZHIKODE, TO THE PETITIONER TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE NO. PCB/KKD/DO/ICO- R3/11302/R17KOZ5674911/13972542/2021, DATED 16-7-2021, ISSUED BY THE POLLUTION CONTROL BOARD. Annexure R1(b) TRUE COPY OF THE CIRCULAR NO. PCB/HO/CIRCULAR/51/2019 DATED 4-5-2022 ISSUED BY THE POLLUTION CONTROL BOARD. Annexure R1(c) TRUE COPY OF THE REPLY LETTER DATED 26-11-2024 (WITHOUT ATTACHMENTS) SUBMITTED BY THE QUARRY OWNER. WP(C) NOS. 39873 and 44403 OF 2024 11 APPENDIX OF WP(C) 39873/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P 6 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.12.2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 04.01.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER VALID UP TO 04.12.2024 A TRUE COPY OF THE FORM LE3 LICENSE RENEWED AND VALID UP TO 31.03.2026 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM DATED 17.04.2012 A TRUE COPY OF THE TRADE LICENSE ISSUED BY THE SECRETARY, KOODARANHI GRAMA PANCHAYAT RENEWED ON 01.04.2021 VALID UP TO 31.03.2026 . A TRUE COPY OF THE QUARRYING LEASE DATED 05.06.2015 VALID UP TO 04.06.2027 EXECUTED BETWEEN THE PETITIONER AND THE STATE GOVERNMENT FOR MINING BUILDING STONES FROM 3.38 HECTARES OF LAND IN SY NO. 2442 PT OF KOODARANHI VILLAGE IN KOZHIKODE TALUK OF KOZHIKODE DISTRICT A TRUE COPY OF THE JUDGMENT DATED 29.01.2019 IN WP(C) 30828 OF 2017 PASSED BY THE LEARNED DIVISION BENCH OF THIS HON’BLE COURT Exhibit P7 A TRUE COPY OF THE RENEWAL ORDER OF EXHIBIT P1 GRANTED BY THE 1ST RESPONDENT DATED 04.11.2019 WP(C) NOS. 39873 and 44403 OF 2024 12 Exhibit P8 A TRUE COPY OF THE LETTER DATED 24.07.2023 FILED BY THE 6TH RESPONDENT TO THE CHAIRMAN, NATIONAL GREEN TRIBUNAL, NEW DELHI Exhibit P 9 Exhibit P 10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P 14 Exhibit P15 A TRUE COPY OF THE ORDER DATED 31.01.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN OA NO. 770/2023 A TRUE COPY OF THE ORDER DATED 25.3.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 A TRUE COPY OF THE ORDER DATED 20.05.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 A TRUE COPY OF THE ORDER DATED 12.09.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 A TRUE COPY OF THE JOINT COMMITTEE REPORT DATED 05.04.2024 SUBMITTED BY THE 3RD RESPONDENT HEREIN BEFORE THE NATIONAL GREEN TRIBUNAL, IN OA NO. A TRUE COPY OF THE ORDER DATED 01.10.2019 ISSUED BY THE 4TH RESPONDENT TO THE SECRETARY, KOODARANHI GRAMA PANCHAYAT WITH COPY TO THE PETITIONER A TRUE COPY OF THE PHOTOGRAPH SHOWING THE DIP MAINTAINED BY THE PETITIONER IN THE QUARRY FOR THE FLOW OF RAIN WATER STREAM DURING RAINY SEASON Exhibit P 16 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONCRETED ROAD SIDE THE QUARRY OF THE PETITIONER WP(C) NOS. 39873 and 44403 OF 2024 13 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 A TRUE COPY OF THE ORDER DATED 28.03.2023 ISSUED BY THE RANGE OFFICER, THAMARASSERY TO THE DIVISIONAL FOREST OFFICER, STATING THAT THE PROPERTY SITUATED IN KOODARANHI VILLAGE DOES NOT COME WITHIN THE ECO SENSITIVE ZONE A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 148TH MEETING OF THE 1ST RESPONDENT A TRUE COPY OF THE STOP MEMO DATED 02.11.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02.11.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER A TRUE COPY OF THE REPLY NOTICE DATED 26.11.2024 ISSUED BY THE PETITIONER TO THE 2-D RESPONDENT, FOR EXHIBIT P20 SHOW CAUSE NOTICE, THROUGH REGISTERED POST RESPONDENT EXHIBITS Exhibit R 6 [ a ] A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 5..11..2024 ISSUED BY THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT DISTRICT OFFICE KOZHOKODE TO THE PETITIONER Annexure R1(a) A TRUE COPY OF MINUTES OF 152ND MEETING OF SEIAA HELD ON 30-31/JAN/2025

2. In circumstances, W.P(C).No.44403 of 2024 is closed as infructuous.

Find similar cases Start drafting free

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments