Disposed¶122

Sri. v. Somasekharan Nair, v the Geologist

Kerala HC18 Mar 2025WP(C)/19143/2024

Case brief

AI extract

What is this about?

Stop memo; quarrying lease; environmental clearance; DEIAA; SEIAA; appraisal/reappraisal; ECs granted 15.01.2016–11.12.2018; ECs not per se illegal; NGT O.A. No. 142/2022 final judgment 08.08.2024; NGT O.A. No. 186/2016 Satendra Pandey v. MoEF; OM dated 28.04.2023; MoEF&CC; Ministry of Mines; mining and geology; Kerala High Court Ernakulam; T.R. Ravi J; writ petitions closed; parties governed by NGT final judgment; S.O. 141(E) dated 15.01.2016.

What did the court decide?

No further orders required; writ petitions closed, with the parties to be governed by the NGT final judgment in OA.No.142/2022, subject to any modifications in other orders. ¶122

Sri. v. Somasekharan Nair, Vs the Geologist — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No further orders required; writ petitions closed, with the parties to be governed by the NGT final judgment in OA.No.142/2022, subject to any modifications in other orders.

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Issue for consideration

Whether the stop memos issued against the petitioners pursuant to the National Green Tribunal's interlocutory orders in OA.No.186/2016 and OA.No.142/2022 should be quashed, in view of the NGT's final judgment dated 08.08.2024 requiring appraisal/reappraisal by SEIAA of ECs granted by DEIAAs from 15.01.2016 to 11.12.2018.

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Court's answer

In view of the NGT's order, the ECs granted in the case of the petitioners would also have to be appraised/reappraised by the SEIAA.

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Ratio / Principle

In light of the NGT final judgment, no further orders are required in these writ petitions; the petitions are closed and the parties shall be governed by the final judgment in OA.No.142/2022, subject to any modifications in other orders.

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Detailed headnote1 paragraphs

High Court of Kerala (T.R. Ravi, J.), 18.03.2025 — WP(C) Nos. 19721, 18399, 19143 & 31874 of 2024: Quarry operators sought to quash stop memos issued pursuant to interlocutory orders of the National Green Tribunal on 13.09.2018 in O.A. No. 186/2016 (Satendra Pandey v. MoEF and connected cases) and other cases including O.A. No. 142/2022. On admission, counsel on either side submitted that the NGT had since issued its final judgment on 08.08.2024, whereby (para 143) MoEF&CC is to rectify/correct its Office Memoranda, including the OM dated 28.04.2023, so as to cover Environmental Clearances granted by the DEIAAs from 15.01.2016 till 11.12.2018 (instead of confining coverage to 13.09.2018) for appraisal/reappraisal by SEIAA; and (para 136) ECs granted up to 11.12.2018 by the DEIAA will not per se become illegal, mining activities being subject to continuation or discontinuation depending on reappraisal. Applying this, the Court held that the petitioners' ECs would have to be appraised/reappraised by SEIAA, that no further orders were required in the writ petitions, and closed them, directing that the parties stand governed by the NGT final judgment in O.A. No. 142/2022, subject to any modifications in other orders. The directions in paras 136 and 143 are those of the NGT as reported by this Court, not independent holdings of the Kerala High Court.

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WP(C) NO. 19721 OF 2024 & con.cases

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2025:KER:23140

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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 T.R.RAVI

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TUESDAY, THE 18^TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

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WP(C) NO. 19721 OF 2024

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PETITIONER:

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SRI. JOSH KURIAKOSE, AGED 57 YEARS PROPRIETOR M/S. THANGALATHIL STONE INDUSTRIES, PIN – 695 028

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BY ADVS. SRI.PHILIP J.VETTICKATTU SMT.NEENU BERNATH SRI.SAJU S. DOMINIC

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RESPONDENTS:

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1 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THIRUVANANTHAPURAM, PIN – 695 004

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2 THE DIRECTOR OF MINING AND GEOLOGY, PATTOM PALACE P.O., TRIVANDRUM, PIN – 695 004

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3 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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4 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), 4 TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, PIN – 695 001

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5 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN – 110 993

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WP(C) NO. 19721 OF 2024 & con.cases

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2025:KER:23140

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6 UNION OF INDIA, MINISTRY OF MINES,3 RD FLOOR, A WING, SHASTRI BHAVAN, NEW DELHI, REPRESENTED BY ITS SECRETARY, PIN – 110 001

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BY ADVS

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SRI. ACHUTH KRISHNAN R., CGC SRI.T.C.KRISHNA CGC

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SMT. DEVISHREE. GP. SRI. M. P. SREEKRISHNAN. SC. SRI. T. NAVEEN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).18399/2024, 19143/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19721 OF 2024 & con.cases

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2025:KER:23140

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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 T.R.RAVI

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TUESDAY, THE 18^TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

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WP(C) NO. 18399 OF 2024

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PETITIONER:

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SRI. A. MOHAMMED BASHEER, S/O. ABDUL RAZAK, MYLACKAL, THEMPAKALA HOUSE, VENJARAMOODU P.O., TRIVANDRUM, PIN – 695 607

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BY ADVS. SRIPHILIP J.VETTICKATTU NEENU BERNATH SAJU S. DOMINIC

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RESPONDENTS:

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1 DISTRICT GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, THIRUVANANTHAPURAM, PATTOM P.O., PIN – 695 004

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2 DIRECTOR OF MINING & GEOLOGY, MINING & GEOLOGY, DIRECTORATE, PATTOM PALACE P.O., TRIVANDRUM, PIN – 695 004

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3 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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4 POLLUTION CONTROL BOARD, REPRESENTED BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, THIRUVANANTHAPURAM, PIN – 695 001

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5 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC

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WP(C) NO. 19721 OF 2024 & con.cases

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BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM, PIN – 695 001

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6 UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARANBHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN – 110 993

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7 MINISTRY OF MINES, 3 RD FLOOR, A WING, SHASTRI BHAVAN, NEW DELHI, REPRESENTED BY ITS SECRETARY, PIN – 110 001

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BY ADVS

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SRI. ACHUTH KRISHNAN R., CGC SRI.T.C.KRISHNA CGC

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SMT. DEVISHREE. GP. SRI. M. P. SREEKRISHNAN. SC. SRI. T. NAVEEN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).19721/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19721 OF 2024 & con.cases

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2025:KER:23140

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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 T.R.RAVI

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TUESDAY, THE 18^TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

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WP(C) NO. 19143 OF 2024

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PETITIONER:

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SRI. V. SOMASEKHARAN NAIR, AGED 63 YEARS

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S/O. VELAYUDHAN PILLAI, NADUTHALA VEEDU, MANIKANTESWARAM P.O., POROORKADA VILLAGE, THIRUVANANTHAPURAM, PIN - 695013

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BY ADVS. SRI.PHILIP J.VETTICKATTU NEENU BERNATH SAJU S. DOMINIC

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RESPONDENTS:

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1 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THIRUVANANTHAPURAM, PIN – 695 004

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2 THE DIRECTOR OF MINING AND GEOLOGY, PATTOM PALACE P.O., TRIVANDRUM, PIN – 695 004

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3 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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4 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, PIN – 695 001

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WP(C) NO. 19721 OF 2024 & con.cases

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5 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN – 110 993

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6 UNION OF INDIA, MINISTRY OF MINES, 3 RD FLOOR, A WING, SHASTRI BHAVAN, NEW DELHI, REPRESENTED BY ITS SECRETARY, PIN – 110 001

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BY ADVS

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SRI. ACHUTH KRISHNAN R., CGC SRI.T.C.KRISHNA CGC

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SMT. DEVISHREE. GP. SRI. M. P. SREEKRISHNAN. SC. SRI. T. NAVEEN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).19721/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19721 OF 2024 & con.cases

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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 T.R.RAVI

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TUESDAY, THE 18^TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

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WP(C) NO. 31874 OF 2024

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PETITIONER:

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SRI.K.MOHANAKUMAR AGED 61 YEARS PROPRIETOR OF SREESHASTHA BLUE METALS, KOTTAKKKAL P.O,PALIYODE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 124

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BY ADVS.

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PHILIP J.VETTICKATTU NEENU BERNATH SAJU S. DOMINIC

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RESPONDENTS:

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1 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,THIRUVANANTHAPURAM, PIN – 695 004

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2 THE DIRECTOR OF MINING AND GEOLOGY, PATTOM PALACE P O,TRIVANDRUM, PIN – 695 004

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3 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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4 THE SECRETARY, KUNNATHUKAL GRAMA PANCHAYAT,KUNNATHUKAL, KARAKKONAM P.O.,THIRUVANANTHAPURAM, PIN – 695 504

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5 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),

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AUTHORITY (SEIAA KERALA),4 TH FLOOR, KSRTC BUS TERMINAL COMPLEX,THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, PIN – 695 001

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6 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,NEW DELHI - REPRESENTED BY ITS DIRECTOR., PIN – 110 993

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7 UNION OF INDIA, MINISTRY OF MINES,3 RD FLOOR, A WING, SHASTRI BHAVAN, NEW DELHI – REPRESENTED BY ITS SECRETARY., PIN – 110 001

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8 KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PLAMOODU JN.,PATTOM P.O., THIRUVANANTHAPURAM - REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, PIN – 695 004

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BY ADVS SRI. ACHUTH KRISHNAN R., CGC SRI.T.C.KRISHNA CGC

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SMT. DEVISHREE. GP. SRI. M. P. SREEKRISHNAN. SC. SRI. T. NAVEEN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).19721/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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T.R.RAVI.J

------------------------------------------------------WP(C) Nos.19721, 18399, 19143 & 31874 of 2024

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Dated this the 18^th day of March, 2025

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JUDGMENT

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All these writ petitions have been filed seeking to quash

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stop memos issued pursuant to interlocutory orders passed by the National Green Tribunal on 13.09.2018 in OA.No186/2016 and other cases including OA.No.142/2022.

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When these cases are taken up today, it is submitted by the counsel on either side that the final judgment of the National Green Tribunal in the said original applications has already been issued on 08.08.2024. Copy of the judgment has been placed before me. In paragraph No.143 of the judgment, it has been ordered that the MoEF & CC would make necessary rectifications/ corrections in the OMs already issued including OM dated 28.04.2023 so as to cover ECs granted by DEIAA from 15.01.2016 till 11.12.2018 instead

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WP(C) NO. 19721 OF 2024 & con.cases

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of confining it to 13.09.2018 for appraisal/ reappraisal by SEIAA. In view of the said order, the ECs granted in the case of the petitioners would also have to be appraised/reappraised by the SEIAA. In paragraph No.136 of the judgment, it is also ordered that the ECs granted up to 11.12.2018 by the DEIAA will not per se become illegal. It is also ordered that subject to reappraisal, mining activities may or may not be allowed to continue in such cases.

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In the light of the final judgment, no further orders are required in these writ petitions. These writ petitions are closed. The parties shall be governed by the final judgment in OA.No.142/2022, subject to any modifications in other orders.

Sd/-

T.R.RAVI

JUDGE

WP(C) NO. 19721 OF 2024 & con.cases

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PETITIONER EXHIBITS Exhibit P1	TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE DATED 14/01/2019 EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT AUTHORITY
Exhibit P2	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED BY DEIAA TRIVANDRUM TO THE PETITIONER, BEARING NO. DIA/KL/MIN/15577/2018 DATED 16/11/2018
Exhibit P3	TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE BEARING NO. E/SE/KL/22/203(E113740), VALID FROM 12/01/2023 TO 31/03/2028, ISSUED BY THE DY. CHIEF. CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4	TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD BEARING NO. KSPCB /TV/ICO/10019056/VAR/2023, DATED 05/03/2023 FOR A PERIOD UPTO 30/09/2024
Exhibit P5	TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY NEDUMANGAD MUNICIPALITY, WHICH IS VALID FROM 14/03/2024 TO 13/03/2025,
Exhibit P6	TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.39128/2023, DATED 27/11/2023
Exhibit P7	TRUE COPY OF THE COVERING LETTER DATED 27/02/2023 PRODUCED ALONG WITH THE SCHEME OF MINING SUBMITTED BEFORE THE 1 ST RESPONDENT, AND ITS TYPED COPY
Exhibit P8	TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING DATED NIL
Exhibit P9	TRUE COPY OF THE COVERING LETTER DATED 05/04/2023, ALONG WITH WHICH THE CORRECTED SCHEME OF MINING SUBMITTED TO THE RESPONDENT
Exhibit P10	TRUE COPY OF THE CURRENT MOVEMENT PERMIT

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WP(C) NO. 19721 OF 2024 & con.cases

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DATED 29/04/2024 FOR A PERIOD UPTO 30/09/2024

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Exhibit P11 TRUE COPY OF THE EMAIL RECEIVED FROM THE OFFICIAL PORTAL OF THE 1 ST RESPONDENT VIZ. KOMPAS DATED 23-05-2024 Exhibit P12 TRUE COPY OF THE STOP MEMO ISSUED BY THE 1 ST RESPONDENT DATED 14-05-2024 Exhibit P13 TRUE COPY OF THE O.M. ISSUED BY THE MOEF DATED 7-5-2024 Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THE NGT DATED 18-4-2024 IN O.A.NO.142/2022 Exhibit P15 TRUE COPY OF S.O.NO.141(E), DATED 15-1-2016 Exhibit P16 TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN WA.NO.398/2018 DATED 28-2-2018 Exhibit P17 TRUE COPY OF THE ORDER PASSED BY THE NGT IN O.A NO.186/2016 DATED 13-9- 2018 (SATENDRA PANDEY V. MOEF AND OTHER CONNECTED CASES) Exhibit P18 TRUE COPY OF O.M. DATED 12-12-2018 Exhibit P19 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF Exhibit P20 TRUE COPY OF THE INTERIM ORDER DATED 24-82023 PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.24415/2023 Exhibit P21 TRUE COPY OF THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.35472/2023 AND CONNECTED CASES DATED 13-11-2023 Exhibit P22 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF Exhibit P23 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE MOEF Exhibit P24 TRUE COPY OF THE INTERIM ORDER DATED 22/05/2024 PASSED BY THIS HON’BLE COURT IN

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W.P.(C) NO. 18399/2024

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RESPONDENT ANNEXURES

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Annexure R1(a) A true copy of the Office Memorandum dated 7/05/2024 issued by the Ministry of Environment , Forest and Climate Change

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Annexure R1(b) A true copy of the proceedings No. DIA/KL/MIN/15846/2018 dated 16/11/2018 issued by DEIAA

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WP(C) NO. 19721 OF 2024 & con.cases

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APPENDIX OF WP(C) 18399/2024

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE DATED 23-1-2019 EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT AUTHORITY IN TERMS OF ARTICLE 299 OF CONSTITUTION OF INDIA Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 16-11-2018 FOR A PERIOD OF 5 YEARS BEGINS FROM THE DATE OF GRANT, Exhibit P3 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE POLLUTION CONTROL BOARD NO.KSPCB/TV/ICO/10021755/VAR/2023, DATED 295-2023, VALID UPTO 31-5-2024 Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE DATED 9-3-2023, WHICH IS VALID UPTO 31-3-2028 GRANTED TO THE PETITIONER Exhibit P5 TRUE COPY OF THE LICENSE RENEWED BY THE LOCAL AUTHORITY TILL 31-5-2024 Exhibit P6 TRUE COPY OF THE MOVEMENT PERMIT DATED 30-42024 VALID UPTO 31-5-2024 ISSUED BY THE DISTRICT GEOLOGIST Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION FOR RENEWAL OF CONSENT TO OPERATE DATED NIL Exhibit P8 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF FEE ON 12-2-2024 Exhibit P9 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF LICENSE FEE DATED 1-4-2024 Exhibit 10 TRUE COPY OF THE INTERIM ORDER GRANTED BY THIS HON’BLE COURT IN W.P.(C) NO.32110/2023, DATED 30-9-2023

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Exhibit P11 TRUE COPY OF THE EMAIL RECEIVED FROM THE OFFICIAL PORTAL OF THE 1 ST RESPONDENT VIZ. KOMPAS DATED10-5-2024 Exhibit P12 TRUE COPY OF THE O.M. DATED 7-5-2024 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE NGT DATED 18-4- 2024 IN O.A.NO.142/2022 Exhibit P14 TRUE COPY OF S.O.NO.141(E), DATED 15-1-2016 Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN WA.NO.398/2018 DATED 28-2-2018 Exhibit P16 TRUE COPY OF THE ORDER PASSED BY THE NGT IN SATENDRA PANDEY V. MOEF AND OTHER CONNECTED CASES DATED 13-9-2018 Exhibit P17 TRUE COPY OF O.M. DATED 12-12-2018 ISSUED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE Exhibit P18 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF Exhibit P18(a) TRUE COPY OF THE INTERIM ORDER DATED 24-82023 PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.24415/2023 Exhibit P19 TRUE COPY OF THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.35472/2023 AND CONNECTED CASES DATED 13-11-2023 Exhibit P20 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF Exhibit P21 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE MOEF EXTENDING THE TIME FOR REAPPRAISAL Exhibit P22 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON’BLE COURT DATED 22-5-2024

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Exhibit P23	TRUE COPY OF THE COVERING LETTER ALONG WITH WHICH EXT.P22 WAS COMMUNICATED TO THE 1 ST RESPONDENT DATED 24-05-24
Exhibit P24	TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 1 ST RESPONDENT DATED 24-7-2024
Exhibit P24(a)	TRUE COPY OF THE MAIL RECEIVED FROM THE OFFICE OF THE LAWYER ALONG WITH WHICH THE WRIT PETITION WAS ATTACHED DATED 15-5-2024
Exhibit P25	TRUE COPY OF THE STOP MEMO DATED 14-5-2024
Exhibit P26	TRUE COPY OF THE POSTAL COVER BY WHICH EXT.P25 WAS SERVED ON THE PETITIONER

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE DATED 07/03/2019 EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT AUTHORITY
Exhibit P2	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED BY DEIAA TRIVANDRUM TO THE PETITIONER, BEARING NO. DIA/KL/MIN/15891/2018 DATED 23/11/2018
Exhibit P3	TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE BEARING NO. E/SC/KL/22/1662(E80295), VALID FROM 20/01/2023 TO 31/03/2028, ISSUED BY THE DY. CHIEF. CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4	TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD BEARING NO. KSPCB /TV/ICO/10029638/VAR/2023, DATED 26/06/2023 FOR A PERIOD UPTO 31/10/2024
Exhibit P5	TRUE COPY OF THE LICENSE NO.SC1/52/23-24, ISSUED BY THE SECRETARY ARUVIKKARA GRAMA PANCHAYAT, DATED 01/04/2023 FOR A PERIOD UPTO 31/03/2025,
Exhibit P5(a)	TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING WITH ENDORSEMENT 'APPROVED' ON 05/03/2024 AND SHOWING THE MINEABLE RESERVES
Exhibit P6	TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE 1 ST RESPONDENT DATED 30/04/2024 FOR A PERIOD UPTO 27/102024
Exhibit P7	TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.9105/2024, DATED 11/03/2024
Exhibit P8	TRUE COPY OF THE EMAIL RECEIVED FROM THE OFFICIAL PORTAL OF THE 1 ST RESPONDENT VIZ. KOMPAS DATED 10-05-2024

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Exhibit P8(a)	TRUE COPY OF THE STOP MEMO ISSUED BY THE 1 ST RESPONDENT DATED 14/05/2024
Exhibit P9	TRUE COPY OF THE O.M. ISSUED BY THE MOEF DATED 7-5-2024
Exhibit P10	TRUE COPY OF THE ORDER PASSED BY THE NGT DATED 18-4- 2024 IN O.A.NO.142/2022
Exhibit P11	TRUE COPY OF S.O.NO.141(E), DATED 15-1-2016
Exhibit P12	TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN WA.NO.398/2018 DATED 28-2-2018
Exhibit P13	TRUE COPY OF THE ORDER PASSED BY THE NGT IN O.A NO. 186/2016 DATED 13.09.2018 (SATENDRA PANDEY V. MOEF AND OTHER CONNECTED CASES)
Exhibit P14	TRUE COPY OF O.M. DATED 12-12-2018 ISSUED BY THE MINISTRY OF ENVIRONMENT,FOREST AND CLIMATE CHANGE
Exhibit P15	TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF
Exhibit P16	TRUE COPY OF THE INTERIM ORDER DATED 24-8- 2023 PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.24415/2023
Exhibit P17	TRUE COPY OF THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.35472/2023 AND CONNECTED CASES DATED 13-11-2023
Exhibit P18	TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P19	TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P20	TRUE COPY OF THE INTERIM ORDER DATED 22/05/2024 PASSED BY THIS HON’BLE COURT IN W.P.(C) NO. 18399/2024

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RESPONDENT ANNEXURES

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Annexure R5(m)	copy of the order dated 18.04.2024
Annexure R5(n)	True copy of the OM F.No.IA3-22/11/2023- IA.III(E 208230)dated 07.05.2024
Annexure R5(o)	Copy of the Ministry’s Notification S.O. 1807 (E) dated 12.04.2022
Annexure R5(a)	True copy of Notification no. SO 1533 dated 14.09.2006
Annexure R5(b)	True copy of Notification no. SO 2731(E) dated 09.09.2013
Annexure R5(c)	A true copy of the OM F. No. L- 11011/175/2018-IA-II(M) dated 12.12.2018
Annexure R5(d)	True copy of the Appendix VIII (Form 1M) of Notification dated 15.01.2016
Annexure R5(e)	True copy of the OM F. No.22-1/2019-IA III(E116917)dated 15.12.2021
Annexure R(f)	A true copy of the Enforcement Monitoring Guidelines for Sand Mining' (EMGSM-2020)
Annexure R5(g)	True copy of the letter issued by CPCB dated 11.06.2021
Annexure R5(h)	A Copy of the Ministry’s Notification S.O. 1886 (E) dated 20.04.2022
Annexure R5(i)	True copy of the OM F. No.IA3-22/11/2023- 1A.III(E-208230) dated 28.04.2023
Annexure R5(j)	A true copy of the OM F. No. IA3-22/11/2023- IA.III(E-208230) dated 03.11.2023
Annexure R5(k)	true copy of the OM IA-22/01/2021-IA-III- Part(1)dated 15.01.2024
Annexure R5(l)	A copy of the OM F.No.IA3-22/11/2023-IA.III (E 208230) dated 15.03.2024

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APPENDIX OF WP(C) 31874/2024

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE DATED 01/01/2020 EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT AUTHORITY
Exhibit P2	TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE BEARING NO. E/SC/KL/22/1278(E63208), VALID FROM 09/02/2021 TO 31/03/2026, ISSUED BY THE DY. CHIEF. CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P3	TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD BEARING NO.KSPCB /TV/ICO/10019888/VAR/2023, DATED 09/06/2023 FOR A PERIOD UPTO 30/11/2024
Exhibit P4	TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY KUNNATHUKAL GRAMA PANCHAYAT, WHICH IS VALID FROM 01/04/2024 TO 30/11/2024,
Exhibit P5	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED BY DEIAA THIRUVANANTHAPURAM TO THE PETITIONER, BEARING NO. DIA/KL/MIN/14173/2018 DATED 07/12/2018
ExhibitP5(a)	TRUE COPY OF THE G.O NO. 1257 /2023/LD DATED L4/L2/2023
Exhibit P6	TRUE COPY OF S.O.221(E) ISSUED BY MOEF, DATED 18.01.2021,
Exhibit P7	TRUE COPY OF THE SCREENSHOT OF FLASH MESSAGE GENERATED IN THE WEB PORTAL OF SEIAA DATED NIL
Exhibit P8	TRUE COPY OF THE JUDGMENT PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.18285/2022 DATED 17/06/2022
Exhibit P9	TRUE COPY OF THE ORDER PASSED BY THIS HON’BLE COURT IN R.P NO.1024/2023 DATED 13/10/2023

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Exhibit P10	TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022
Exhibit P11	TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN WITH ENDORSEMENT APPROVED ON 24/05/2017 BY THE COMPETENT AUTHORITY
Exhibit 11(a)	TRUE COPY OF THE MOVEMENT PERMIT DATED 05/12/2023 FOR A PERIOD UPTO 31/03/2024
Exhibit P12	TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING WITH ENDORSEMENT 'APPROVED' ON 05/07/2024 BY THE COMPETENT AUTHORITY
Exhibit P13	TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT DATED 14/05/2024
Exhibit P14	TRUE COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DATED 21/05/2024
Exhibit P15	TRUE COPY OF THE O.M. ISSUED BY THE MOEF DATED 7-5-2024
Exhibit P16	TRUE COPY OF THE ORDER PASSED BY THE NGT DATED 18-4-2024 IN O.A.NO.142/2022
Exhibit P17	TRUE COPY OF THE NOTICE DATED 21/08/2024 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD
Exhibit P18	TRUE COPY OF S.O.NO.141(E), DATED 15-1-2016
Exhibit P18(a)	TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN WA.NO.398/2018 DATED 28-2-2018
Exhibit P19	TRUE COPY OF THE ORDER PASSED BY THE NGT IN O.A NO.186/2016 DATED 13-9-2018 (SATENDRA PANDEY V. MOEF AND OTHER CONNECTED CASES)
Exhibit P20	TRUE COPY OF O.M. DATED 12-12-2018 ISSUED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE
Exhibit P21	TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF

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Exhibit P22	TRUE COPY OF THE INTERIM ORDER DATED 24-8- 2023 PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.24415/2023
Exhibit P23	TRUE COPY OF THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.35472/2023 AND CONNECTED CASES DATED 13-11-2023
Exhibit P23(a)	TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO.7516/2024 DATED 29/02/2024
Exhibit P24	TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P25	TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P26	TRUE COPY OF ONE OF THE INTERIM ORDER PASSED BY THIS HON’BLE COURT IN A SIMILAR MATTER I.E., W.P.(C) NO. 19721/2024 DATED 12/08/2024
Exhibit P27	TRUE COPY OF THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.(C) NO. 19721/2024 DATED 30/08/2024, EXTENDING EXT.P26 ORDER
Exhibit P28	TRUE COPY OF THE STATEMENT SANS THE DOCUMENTS PRODUCED THEREIN AS ANNEXURES

Parties & counsel

AI extract

petitioner
Josh Kuriakose (Proprietor, M/s. Thangalathil Stone Industries)¶10
Philip J. Vettickattu, Neenu Bernath, Saju S. Dominic
petitioner
A. Mohammed Basheer¶35
Philip J. Vettickattu, Neenu Bernath, Saju S. Dominic
petitioner
V. Somasekharan Nair¶62
Philip J. Vettickattu, Neenu Bernath, Saju S. Dominic
petitioner
K. Mohanakumar (Proprietor, Sreeshastha Blue Metals)¶88
Philip J. Vettickattu, Neenu Bernath, Saju S. Dominic
respondent
The Geologist, Department of Mining and Geology, District Office, Thiruvananthapuram¶13
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
The Director of Mining and Geology, Pattom Palace P.O., Trivandrum¶14
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
State of Kerala, represented by the Chief Secretary¶15
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
State Level Environment Impact Assessment Authority (SEIAA Kerala)¶16
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
Ministry of Environment, Forest and Climate Change, New Delhi¶17
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
Union of India, Ministry of Mines, New Delhi¶21
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
District Geologist, Mining & Geology Department, District Office, Thiruvananthapuram¶38
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
Pollution Control Board, represented by the Environmental Engineer, District Office, Thiruvananthapuram¶41
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
Secretary, Kunnathukal Grama Panchayat, Thiruvananthapuram¶95
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC
respondent
Kerala State Pollution Control Board, District Office, Plamoodu Jn., Pattom P.O., Thiruvananthapuram¶103
Achuth Krishnan R., CGC, T.C. Krishna, CGC, Devishree, GP, M.P. Sreekrishnan, SC, T. Naveen, SC

Coram

AI extract

T.R.RAVIauthor¶6

Sri. v. Somasekharan Nair, v the Geologist

Case brief

What is this about?

What did the court decide?

Sri. v. Somasekharan Nair, v the Geologist

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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