Disposed

M/S. Edayan Aggregates Pvt. Ltd. v. State Environment Impact Assessment Authority (Seiaa)

Kerala HC24 Jan 2024WP(C)/2837/2024

Case brief

AI extract

What is this about?

Mining company sought issuance of movement permit despite expiry-related objections, relying on a Government Order extending lease validity, and sought consideration of its pending representation before the District Geologist. The court disposed of the writ petition directing the District Geologist to consider and pass orders on the representation within one month, taking into account the Governme

What did the court decide?

Direction to 3rd respondent District Geologist to decide Ext.P13 representation within one month considering Ext.P10 Government Order.

M/S. Edayan Aggregates Pvt. Ltd. Vs State… — Mining and Natural Resources | Kerala HC (2024)

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WP(C) NO. 2837 OF 2024

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 24^TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 2837 OF 2024

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PETITIONER/S:

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M/S. EDAYAN AGGREGATES PVT. LTD REPRESENTED BY MANAGING DIRECTOR V.C. MATHEW, AGED 83 YEARS, S/O CHERIYA, PERIYAPPURAM PO, PAMPAKUDA, ERNAKULAM, PIN - 686667

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BY ADVS. T.P.SAJID SHIFA LATHEEF MUHAMMED HAROON A.N. HASHARURAHIMAN U. MOHEMED FAVAS

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RESPONDENT/S:

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1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUST TERMINAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001

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2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC) REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001

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3 THE DISTRICT GEOLOGIST ERNAKULAM DISTRICT, MINING AND GEOLOGY DEPARTMENT, OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION, ERNAKULAM, PIN - 682030

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OTHER PRESENT:

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WP(C) NO. 2837 OF 2024 2

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SMT DEEPA NARAYANAN, SR GP., SRI.M.P.SREEKRISHNAN, SC, SEIAA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2837 OF 2024

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No. 2837 of 2024

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Dated this the 24^th day of January, 2024

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JUDGMENT

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The above writ petition is filed with following prayers :

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i) “To issue a writ of mandamus or any other appropriate writ of order or direction directing the 3^rd respondent as per Ext.P10 Government Order bearing GO No. 1257/2023 ID dated 14/12/2023 as Ext. P2 Lease Agreement as the same will expire only on 12/3/2031.

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ii) To issue a writ of mandamus or any other appropriate writ or order directing the 3^rd respondent to consider and pass final orders on Ext. P13 representation with notice and opportunity of hearing the petitioner forthwith or within such time as this Hon'ble Court may deem fit and proper and in the interest of justice.

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iii) To grant such other reliefs as this Hon'ble Court may deem just and proper in the facts and circumstances of the case including costs.

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iv) To Dispense with the translation of the vernacular documents produced in the vernacular language.” [SIC]

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The grievance of the petitioner is that even though

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WP(C) NO. 2837 OF 2024 4

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Ext.P10 Government Order is there, the movement permit is not issued. The petitioner submitted Ext.P13 before the 3^rd respondent. The grievance of the petitioner is that the same is not considered.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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After hearing both sides, I think this writ petition can be disposed of directing the 3^rd respondent to consider Ext.P13 taking into consideration of Ext.P10 Government order.

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Therefore, this writ petition is disposed of with the following directions :

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The 3^rd respondent is directed to consider and pass appropriate orders in Ext.P13 as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

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1. While deciding the matter, the 3^rd respondent will consider the applicability of Ext.P10, Government Order also.

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1. The petitioner will also produce a certified copy of this

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WP(C) NO. 2837 OF 2024

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judgment before the 3^rd respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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SKS

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WP(C) NO. 2837 OF 2024

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APPENDIX OF WP(C) 2837/2024

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 13/12/2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER
Exhibit P1(a)	TRUE COPY OF THE APPLICATION TO RENEW DATED 21/12/2023 SUBMITTED BY THE PETITIONER BEFORE THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM
Exhibit P2	TRUE COPY OF THE LEASE AGREEMENT DATED 13/2/2019
Exhibit P3	TRUE COPY OF THE MINING PLAN
Exhibit P4	TRUE COPY OF THE LICENSE ISSUED BY THE PAMPAKUDA GRAMA PANCHAYAT TO THE PETITIONER. DATED 3/4/2023
Exhibit P5	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO. 103/2017 DATED 22/12/2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
Exhibit P5(a)	TRUE COPY OF THE CERTIFICATE DATED 26/5/2022 ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY PETROLEUM AND EXPLOSIVE SAFETY ORGANIZATION (PESO) TO THE PETITIONER
Exhibit P6	TRUE COPY OF THE MINUTES OF 34TH MEETING OF THE SEIAA HELD ON 31/10/2014
Exhibit P7	TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY, 2019
Exhibit P8	TRUE COPY OF THE ORDER IN DEEPAK KUMAR &

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WP(C) NO. 2837 OF 2024

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	OTHERS VS. STATE OF HARYANA & OTHERS REPORTED IN 2012 - 4 SCC 629
Exhibit P9	TRUE COPY OF THE JUDGMENT DATED 13/8/2021 PASSED BY THIS HON'BLE COURT IN W.P.(C). NO. 16637/2021
Exhibit P10	TRUE COPY OF THE GO NO. 1257/2023ID DATED 14/12/2023 ISSUED BY THE GOVERNMENT OF KERALA
Exhibit P11	TRUE COPY OF THE JUDGMENT DATED 20/12/2022 IN W.P.(C). NO. 35855/2022 OF THIS HON'BLE COURT
Exhibit P12	TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 13/3/2019 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY , THIRUVANANTHAPURAM TO THE PETITIONER
Exhibit P13	TRUE COPY OF THE REPRESENTATION DATED 10/1/2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

M/S. Edayan Aggregates Pvt. Ltd. v. State Environment Impact Assessment Authority (Seiaa)

Case brief

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What did the court decide?

M/S. Edayan Aggregates Pvt. Ltd. v. State Environment Impact Assessment Authority (Seiaa)

Case brief

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What did the court decide?

What the court decided

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