Disposed

Reena Varghese v. Kerala State Pollution Control Board

NGT17 Feb 2026IA No. 84/2023 in Original Application No. 117/2023

Case brief

AI extract

What is this about?

The applicant alleged illegal mining by M/s. Thavalapara Granites in an eco-sensitive area under the guise of pond construction. The Tribunal found that while the mining lease is valid, the Environmental Clearance and Consent to Operate expired. The allegation of illegal mining was not substantiated as operations ceased due to expiry. The Tribunal directed authorities to consider renewal applicati

What the court decided

AI extract

Reena Varghese vs Kerala State Pollution Control Board — Mining and Natural Resources | NGT (2026)

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Item No.1:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Tuesday, the 17^th day of February, 2026.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.117 of 2023 (SZ) & I.A. Nos.84 of 2023 & 54 of 2024 (SZ)

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[Earlier O.A. No.44 of 2023 (PB)]

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IN THE MATTER OF:

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Reena Varghese Aged 50 years, Puthyaparampil C/o. Meledath House, Nedumbassery, P.O. Athani, Kerala – 683 585.

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…Applicant(s) Versus

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1. The Chairman

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Kerala State Pollution Control Board Head Office, Pattom P.O., Thiruvananthapuram, Kerala – 695 004.

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2. District Collector & District Magistrate Kottayam,

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Kerala State – 686 002.

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3. Principal Chief Conservator of Forests (Wildlife) & Chief Wildlife Warden,

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II Floor, Vanalakshmi, Forest Headquarters, Vazhuthacaud, Thycaud PO, Thiruvananthapuram, Kerala – 695 014.

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4. Directorate of Mining and Geology

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State of Kerala, Rep. by its Director, Kesavadasapuram, Pattom Palace P.O., Thiruvananthapuram, Kerala – 695 004.

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[R4 - Suo Motu impleaded as per Order dt.23.08.2023]

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5. M/s. Thavalapara Granites Rep. by Mr. T.S. Shylesan Kannimala Post, Kerala – 686 509.

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[R5 - Suo Motu impleaded as per Order dt.20.11.2023]

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...Respondent(s)

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Page 1 of 4

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For Applicant(s): M/s. Reena Varghese (Party-in-Person) .

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For Respondent(s): Mrs. V.K. Rema Smrithi for R1. Mr. G. Vignesh represented Mr. E.K. Kumaresan for R2 to R4. M/s. Mathew & Mathews, Mr. Philip J Vettickattu & Neenu Bernath for R5/I.A.

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Judgment Reserved on: 10^th February, 2026.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

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HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

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J U D G M E N T

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1) The above-captioned matter was suo motu registered as Original Application No.44 of 2023 (PB) by the Principal Bench of this Tribunal based on a letter petition dated 16.08.2022 received from Reena Vargheese, R/o Puthyaparampil, Nedumbassery, P.O. Athani, Kerala. Thereafter, the matter was transferred to this Bench and renumbered as Original Application No.117 of 2023 (SZ) for further consideration.

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2) According to the letter petitioner/applicant, mining activities in respect of Thavalapara Granites, Kannimala, are being carried out within an eco-sensitive area in the Kootikal and Ramapuram regions of Kerala.

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3) It is alleged that illegal mining activities are being undertaken under the guise of digging a pond. Manjalaruvi is situated within 100 meters of the site and the Periyar Tiger Reserve is also located in close proximity to the said area.

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4) Prior to the transfer of the matter from the Principal Bench, a Joint Committee was constituted comprising (i) the Kerala State Pollution Control Board; (ii) the District Magistrate,

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Page 2 of 4

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Kottayam; and (iii) the Chief Wildlife Warden, to collect relevant information and submit a factual and action-taken report.

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5) The Joint Committee report was accordingly filed, stating that an inspection was conducted on 14.08.2023. The property comprises an extent of 1.25 hectares of land in R.S. No.48/1, Block No.25, Thandaper No.156, in Erumely Vadakku Village, which is in the possession of one Mr. Chacko and another extent of 4.13 hectares of land in R.S. No.48/2, Block No.25, Thandaper No.160, which is in the possession of one Mrs. Latha W/o. Mr. Chacko.

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6) Originally, the quarrying lease was granted to Mr. Shyleshan T.S., in the name and style of Thavalappara Granites, valid up to 13.09.2030. However, the Environmental Clearance granted to the unit expired on 17.04.2023. Consequently, the quarry is not in operation as on date. The Gram Panchayat had issued a licence in favour of Mr. Shyleshan for the period from 01.04.2019 to 17.04.2023. At present, the quarry remains nonoperational as the licence has expired. The distance from the Periyar Tiger Reserve is stated to be 9.14 km, and there are no residential houses within a 100-meter radius.

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7) The Joint Committee further reported that no violation of the norms of the Kerala State Pollution Control Board was found. The property in question is also not located within any ecosensitive area as notified on the website of the Biodiversity Board. The Consent to Operate granted by the Kerala State Pollution Control Board on 07.09.2016 also expired on 17.04.2023.

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8) The Kerala State Pollution Control Board has filed an independent report dated 31.01.2026 , stating that the Project Proponent did not apply for renewal of consent after 09.08.2023. It is further stated that the unit had filed W.P. (C) No.42572 of 2023 before the Hon’ble High Court of Kerala, which was disposed of on 25.04.2024, directing the authorities to consider the application for renewal of Consent to Operate in accordance with law. Pursuant to the said judgment, a hearing was conducted on 17.05.2024 seeking further clarification from

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the unit. However, as the unit did not respond, the consent has not been renewed.

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9) In view of the above, the allegation of the applicant regarding illegal mining is not substantiated. The reports of the authorities uniformly state that the unit has ceased operations as on date, in view of the expiry of the Environmental Clearance and the Consent to Operate and the absence of renewal thereof. However, it is noted that the mining lease period remains valid until 2030.

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10) Therefore, in the event the unit seeks renewal of the Environmental Clearance and the Consent to Operate, the concerned authorities shall consider the same in accordance with law, issue appropriate directions and ensure that the unit does not violate any stipulated conditions.

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11) With the above observation and direction, the Original Application [O.A. No.117 of 2023 (SZ)] is disposed of.

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12) The pending interlocutory applications [I.A. Nos.84 of 2023 & 54 of 2024 (SZ)] stand closed.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Sd/-

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Dr. Prashant Gargava, EM

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Internet – Yes/No All India NGT Reporter – Yes/No

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O.A. No.117/2023 (SZ) & I.A. No.84/2023 (SZ) I.A. No.54/2024 (SZ) 17^th February, 2026. Mn.

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Page 4 of 4

Reena Varghese v. Kerala State Pollution Control Board

Case brief

What is this about?

What the court decided

Reena Varghese v. Kerala State Pollution Control Board

Case brief

What is this about?

What the court decided

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