High Court of KeralaSingle JudgeDisposed of with directions in line with George...

In the High Court of Kerala at Ernakulam – WP(C) Nos.5636/2020, 4956/2020, 5606/2020 and 5654/2020

Case / Petition Number:WP(C).Nos.5636/2020(D); 4956/2020(T); 5606/2020(A); 5654/2020(F)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas
Judgment Date
2020-02-26
Court Decision / Holding
The writ petitions are disposed of with directions regulating the matter in line with the George v. State of Kerala judgment. The Court directs that the relevant procedural formalities be adhered to; the petitioners shall furnish copies of necessary materials including environmental clearances and other documents before the competent State authorities and NBWL, and the authorities shall consider the cases accordingly. It is clarified that mining leases/permits shall not be granted until the completion of the prescribed proceedings or the expiry of the fixed period. The Court finalizes the matter by applying the George framework and ensuring compliance with procedural requirements.
Final Disposition
Disposed of with directions in line with George v. State of Kerala; final disposal of all petitions with procedural directions and caveat on mining lease/permits until proceedings are complete or period expires.

Parties to the Case

Appellants / Petitioners

  • T. Haridasan
  • M/S Sri Sri Granites
  • Grace Aggregates India Private Limited
  • SASI.T

Respondents

  • Union of India
  • Standing Committee of the National Board for Wildlife
  • State of Kerala
  • Director Mining and Geology
  • Principal Chief Conservator of Forests (Wild Life) and Chief Wildlife Warden
  • State Environmental Impact Assessment Authority (SEIAA Kerala)
  • District Geologist, Mining and Geology (Kozhikode)
  • Divisional Forest Officer, Divisional Forest Office (Kozhikode)

Legal Representation & Advocates

Counsels for Petitioners

  • • Mansoor B. H.
  • • Janet Job
  • • Philip J. Vettickattu
  • • V.G. Arun
  • • Joby Jose Kondody
  • • Neeraj Narayan

Counsels for Respondents

  • • M.S. Kiran (CGC)
  • • T.C. Sowmiavathy
  • • P. Vijayakumar (ASGI)
  • • M.P. SreeKrishnan (SC)
  • • K. Sandesh Raja (SPL GP Forest)

Case Synopsis & Summary

These four writ petitions, heard together, challenge regulatory prerequisites for mining/quarrying near National Parks, Wildlife Sanctuaries and Eco-Sensitive Zones (ESZs) in Kerala. The petitioners—led by T. Haridasan (WP(C)5636/2020), M/s Sri Sri Granites (WP(C)4956/2020), Grace Aggregates India Private Limited (WP(C)5606/2020), and SASI.T. (WP(C)5654/2020)—contend that mandatory NBWL clearance and ESZ-related stipulations within 10 km of protected areas, as interpreted in draft/ongoing ESZ notifications and related office memos, are either unsupported by a notified statute or improperly applied. They seek quashing of draft notifications and certain prior-clearance requirements, and, in some petitions, relief to access online portals to file quarrying applications without mandatory NBWL clearance. The respondents—comprising Union of India, Standing Committee of NBWL, State of Kerala, Director of Mining and Geology, Principal Chief Conservator of Forests (Wildlife), SEIAA Kerala, and district officers—defend the regime as mandated by statutory schemes and policy aimed at protecting wildlife and ESZs. The Court, applying the framework laid down in George v. State of Kerala, directs adherence to procedural directions: production of essential documents, consideration by the competent authorities, and processing of applications with the caveat that mining leases/permits will not be granted until accompanying proceedings are complete or the prescribed period lapses. The petitions are finally disposed of with these directions.

Provisions of Law Cited

Environment (Protection) Act, 1986Environment (Protection) Rules, 1986Section 32(v) of the Environment (Protection) Act, 1986Rule 5 of the Environmental Protection Rules, 1986

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge the regulatory regime governing mining near protected areas, contending that the 10 km ESZ-triggered NBWL clearance requirement lacks explicit legislative backing and relies on draft notifications rather than a notified statute. They urge that any restriction on mining operations must be supported by valid law under Rule 5 of the Rules, 1986 and Section 32(v) of the Environment (Protection) Act, 1986, and seek access to online portals to file quarrying applications without mandatory NBWL clearance. They also seek quashment of related draft notifications (ESZ-related) and related office memos to the extent they impose NBWL clearance.

Contentions of Respondents

The respondents defend the ESZ framework and NBWL clearance’s role within 10 km of protected areas, relying on statutory schemes and policy to safeguard wildlife and ESZs. They emphasize compliance with the Environment (Protection) Act, the Rules, and NBWL procedures, and argue that the competent authorities must examine applications consistent with the statutory regime and directions issued by this Court in George v. State of Kerala. They stress the need for due process, verification of documents, and continued protection of ecologically sensitive zones.”},

Cited Precedents (6)

Case NameCitationTreatmentExplanation
George v. State of Kerala2020 (1) KLT 109; 2020 (1) KHC 345PositiveThe judgment explicitly applies the directions from George v. State of Kerala as controlling guidance for the petitions.
W.P(C) No.1884/2020W.P(C).No.1884/2020Mentioned OnlyReferenced for its last-paragraph directive/consideration, not treated as a binding precedent in the instant decision.
W.P(C) No.29853/2019W.P(C).No.29853/2019Mentioned OnlyExhibit P3 contains a judgment dated 29853/2019; cited as an exhibit rather than a principal authority.
W.P(C) No.3904/2020W.P(C).No.3904/2020Mentioned OnlyReferenced as part of the appendix exhibits; not treated as controlling in the decision.
W.P(C) No.29856/2019W.P(C).No.29856/2019Mentioned OnlyExhibit P3 in Appendix refers to this case; treated as cited material rather than a controlling authority.
W.P(C) No.28036/2019W.P(C).No.28036/2019Mentioned OnlyReferenced in discussion of related proceedings; treated as mentioned rather than binding.

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.5636 OF 2020(D)** ## **PETITIONER:** **T.HARIDASAN AGED 57 YEARS** **THAREL HOUSE,EKAROOL.P.O, UNNIKULAM, 673574, KOZHIKODE DISTRICT.** **BY ADVS. SRI.MANSOOR.B.H. SMT.JANET JOB** ## **RESPONDENTS:** - **1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY OF ENVIRONMENT AND FOREST,INDIRA PARYAWARAN BHAVAN,JORBAGH ROAD,NEW DEHI-110003.** - **2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE,** - **NATIONAL BOARD OF WILDLIFE,MINISTRY OF ENVIRONMENT AND FOREST,REPRESENTED BY ITS SECRETARY,INDIRA PARYAWARAN BHAVAN, JORBAGH ROAD,NEW DELHI-110003.** - **3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM-695001.** - **4 DIRECTOR MINING AND GEOLOGY, OFFICE OF THE DIRECTOR,DEPARTMENT OF MINING AND GEOLOGY,THIRUVANANTHAPURAM-695001.** - **5 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (WILD LIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEAD QUARTERS,NANDAVANAM, THIRUVANANTHAPURAM-695001.** - **6 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY ITS DIRECTOR,PALLIMUKKU, PETTAH,THIRUVANANTHAPURAM-695001.** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 2 - **7 DISTRICT GEOLOGIST, DISTRICT OFFICE,MINING AND GEOLOGY, CIVIL STATION,KOZHIKODE-673020.** **8 DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE,CIVIL STATION, KOZHIKODE-673020.** **SRI.P.VIJAYAKUMAR, ASGI, SRI.K.SANDHESH RAJA,SPL.GP(FOREST), SRI.M.P.SREEKRISHNAN,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).4956/2020(T), WP(C).5606/2020(A), WP(C).5654/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.4956 OF 2020(T)** ## **PETITIONER:** ## **M/S SRI. SRI GRANITES** **PEECHA ROAD, CHITALI, PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER, SASIDHARAN V.** **BY ADV. SRI.PHILIP J.VETTICKATTU** ## **RESPONDENTS:** - **1 THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI110 003, REPRESENTED BY ITS DIRECTOR.** - **2 NATIONAL BOARD FOR WILD LIFE, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI-110 003, REPRESENTED BY ITS MEMBER SECRETARY** - **3 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 001.** - **4 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, TOWN BUS STAND COMPLEX, PALAKKAD-14.** - **5 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, PALLIMUKKU, PETTAH P.O., TRIVANDRUM-695 024.** - **6 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 4 - **7 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.** - **8 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM-695 001.** **R1-2 BY ADV. SMT.T.C.SOWMIAVATHY** **SRI.P.VIJAYAKUMAR, ASGI, SRI.K.SANDHESH RAJA,SPL.GP(FOREST), SRI.M.P.SREEKRISHNAN,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).5606/2020(A), WP(C).5636/2020(D), WP(C).5654/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.5606 OF 2020(A)** ## **PETITIONER:** **GRACE AGGREGATES INDIA PRIVATE LIMITED, T.C.9/1511, SASTHAMANGALAM (PO), THIRUVANANTHAPURAM-695 010, REPRESENTED BY ITS DIRECTOR A.P.PRAKASH, AGED 52 YEARS, S/O.K.PADMANABHAN NAIR.** **BY ADVS. SRI.V.G.ARUN (K/795/2004) SRI.JOBI JOSE KONDODY SRI.NEERAJ NARAYAN** ## **RESPONDENTS:** - **1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, REPRESENTED BY ITS SECRETARY, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003.** - **2 THE NATIONAL BOARD OF WILD LIFE/STANDING COMMITTEE NATIONAL BOARD OF WILD LIFE, REPRESENTED BY ITS MEMBER SECRETARY (WILD LIFE WING), MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003.** - **3 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, ENVIRONMENT AND CLIMATE CHANGE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **4 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(SEIAA, KERALA),** **REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM-695 001.** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 6 - **5 THE WILDLIFE WARDEN, WILD LIFE DIVISION, THIRUVANANTHAPURAM-695 014.** - **6 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE (PO), KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.** - **7 THE GEOLOGIST,** - **MINING AND GEOLOGY DISTRICT OFFICE, PATTOM PALACE (PO), KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.** **SRI.K.SANDHESH RAJA, SPL.GP(FOREST), SRI.M.P.SREEKRISHNAN, SC SRI.P.VIJAYAKUMAR, ASGI** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).4956/2020(T), WP(C).5636/2020(D), WP(C).5654/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **WP(C).No.5654 OF 2020(F)** ## **PETITIONER:** **SASI.T AGED 56 YEARS THAREL AMBALAKOTH, CIVIL STATION, KOZHIKODE - 673 020.** **BY ADV. SRI.MANSOOR.B.H.** ## **RESPONDENT/S:** |**1**|**UNION OF INDIA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, MINISTRY OF**| ||**ENVIRONMENT AND FOREST, INDIRA PARYAWARAN BHAVAN,**| ||**JORBAGH ROAD, NEW DELHI - 110 003.**| |**2**|**STANDING COMMITTEE OF THE NATIONAL BOARD FOR**| ||**WILDLIFE**| ||**NATIONAL BOARD FOR WILDLIFE, MINISTRY OF**| ||**ENVIRONMENT AND FOREST, REPRESENTED BY ITS**| ||**SECRETARY, INDIRA PARYAWARAN BHAVAN, JORBAGH ROAD,**| ||**NEW DELHI - 110 003.**| |**3**|**STATE OF KERALA**| ||**REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE**| ||**DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**4**|**DIRECTOR MINING AND GEOLOGY**| ||**OFFICE OF THE DIRECTOR, DEPARTMENT OF MINING AND**| ||**GEOLOGY, THIRUVANANTHAPURAM - 695 001.**| |**5**|**PRINCIPAL CHIEF CONSERVATOR OF FORESTS**| ||**(WILD LIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEAD**| ||**QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 001.**| W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 8 - **6 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS DIRECTOR, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM - 695 001.** - **7 DISTRICT GEOLOGIST DISTRICT OFFICE, MINING AND GEOLOGY CIVIL STATION, KOZHIKODE - 673020.** - **8 DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE, CIVIL STATION, KOZHIKODE - 673 020.** **R1-R2 BY ADV. SMT.M.S.KIRAN, CGC** **SMT.M.S.KIRAN,CGC , SRI.M.P.SREEKRISHNAN,SC , SRI.K.SANDHESH RAJA,SPL.GP(FOREST)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).4956/2020(T), WP(C).5606/2020(A), WP(C).5636/2020(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 9 ## **ALEXANDER THOMAS, J.** ## **===========================** ## **W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020** ## **===========================** Dated this the 26[th] day of February, 2020 ## **JUDGMENT** The prayers in W.P(C)No.5636/2020 are as follows: - _“1. To call for the records leading to Ext.P2 and quash the same._ _2. Issue a Writ of Certiorari or such other writ Order or direction quashing Ext P4 to the extent it stipulates that the proposals involving developmental activities/projects located within 10Km from National or ESZ Notification is in draft stage Park/Wild Life Sanctuaries wherein final ESZ notification is not notified is in draft stage, obtaining of prior Clearance from second respondent is mandatory._ _3. To grant such other reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case.”_ 2. The prayers in W.P(C)No.4956/2020 are as follows: - _“i) Issue a Writ of Certiorari or such other writ or order or direction similar to writ of certiorari, quashing Ext.P3 to the extent it stipulates that proposals involving developmental activates/projects located within 10 KM from National Park/Wile Life Sanctuaries wherein final ESZ Notification is not notified (or) ESZ notification is in draft stage, obtaining of prior clearance from SCNBWL is mandatory;_ - _ii) Declare that any restriction/safeguard by way of stipulating to obtain prior clearance from the SCNBWL for mining operation which lies within 10 KM from National Park/Wild Life Sanctuaries can be enforced only on the strength of a valid law notified in terms of Rule 5 of Rules, 1986 r/w. Section 32(v) of Act, 1986;_ - _iii)Issue a Writ of Mandamus or such other writ or order or direction directing the Mining & Geology Department viz. Respondents 3 and 4 to give access to the online facility for submitting necessary application for quarrying permit and process such application and_ W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 10 _grant necessary quarrying permit without insisting for any clearance from the SCNBWL;_ - _iv) Issue a Writ of Certiorari or such other writ or order or direction similar to writ of certiorari, quashing Ext.P5;_ ## _And_ - _v) To grant such other reliefs as this Hon'ble Court may deem just and fit in the circumstances of the case.”_ 3. The prayers in W.P(C)No.5606/2020 are as follows: - _“I) Issue a writ of mandamus directing the first respondent to refer Exhibit P4 Environmental Clearance granted by the District Environmental Impact Assessment Authority, Thiruvananthapuram, to the second respondent for obtaining requisite clearance;_ - _II)Issue a writ of mandamus directing the sixth respondent to process the application for quarrying lease under the provisions of the Kerala Minor Mineral Concession Rules, 2015 in the light of Exhibit P1 letter of intent and the requisite documents stated therein produced by the petitioner company; and_ - _III) Issue such other reliefs which this Honourable Court may deems fit and appropriate in the facts and circumstances of the case.”_ 4. The prayers in W.P(C)No.5654/2020 are as follows: - _“1. To call for the records leading to Ext.P2 and quash the same._ _2. Issue a Writ of Certiorari or such other writ Order or direction quashing Ext P4 to the extent it stipulates that the proposals involving developmental activities/projects located within 10Km from National or ESZ Notification is in draft stage Park/Wild Life Sanctuaries wherein final ESZ notification is not notified is in draft stage, obtaining of prior Clearance from second respondent is mandatory._ _3. To grant such other reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case.”_ 5. Heard Sri.B.H.Mansoor, learned counsel appearing for the petitioners in W.P(C)Nos.5636/2020 & 5654/2020, Sri.Joby Jose W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 11 Kondody, learned counsel appearing for the petitioner in W.P(C)No.5606/2020, Sri.Philip J.Vettickattu, learned counsel appearing for the petitioner in W.P(C)No.4956/2020, Sri.K.Sandesh Raja, learned Special Government Pleader (Forest) appearing for the official State respondents in these cases, Sri.M.P.Sreekrishnan, learned Standing Counsel for the respondent-State Level Environment Impact Assessment Authority, Smt.M.S.Kiran, learned Central Government Counsel appearing for the 1[st] respondent-Union authorities and the 2[nd] respondent-Standing Committee of the National Board for Wildlife in W.P(C)No.5654/2020 & Sri.P.Vijayakumar, learned Assistant Solicitor General appearing for the respondent-Union of India and the respondent-National Board for Wild Life/Standing Committee in National Board for Wild Life in the other W.P(C)s. 6. It appears that these cases are broadly covered by the orders and directions issued by this Court in the case in _**George v. State of Kerala**_ [2020 (1) KLT 109 = 2020 (1) KHC 345]. 7. Accordingly, it is ordered that the directions and orders rendered by this Court in the said judgment in **George's case** (supra) [2020 (1) KLT 109] will regulate these cases as well. Therefore, the parties concerned will ensure that the various procedural formalities mentioned by this Court in **George's case** (supra) be adhere to in this case as well and W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 12 the respondent authorities concerned may consider and take appropriate decision in the matter as directed in the said judgment in **George's case** (supra) [2020 (1) KLT 109]. 8. Sri.K.Sandesh Raja, learned Special Government Pleader (Forest) appearing for the respondent-State Authorities would point out that the factual position in W.P(C)Nos.5606/2020 & W.P(C)No.4956/2020 that on a slightly different footing compared to that in the other two W.P(C)s, for the reason that in the former cases, the quarry is not running as of now, whereas in the latter two cases, the quarries are said to be even now running. However, Sri.Joby Jose Kondody, learned counsel appearing for the petitioner would point out that even for the abovesaid former cases, where quarries are running, this Court has ordered in the last paragraph of **George's case** (supra) [2020 (1) KLT 109] that as far as W.P(C)No.28036/2019 is concerned (which is stated to be a case where the quarry was not running as of then, this Court has noted that though the afore directions will apply to it, since the petitioner therein submits that his application for mining lease has also been kept pending by the State Government on account of the office memorandum issued by the Union Government, referred to in the said judgment, it has been directed that the competent authority shall process the said application but it has been clarified from this Court that they will not grant the mining lease until the W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 13 proceedings as mentioned above is completed or the period fixed as above expires, etc. However, the petitioners in W.P(C)Nos.5606 & 4956/2020 should ensure that the copies of the necessary materials including environmental clearance should be produced by them not only before the competent authorities of the State Government in the Environmental department, but also before the respondent-National Board for Wild Life and on receipt of such materials from those petitioners, the said competent respondent authorities shall take such materials on record and then process and consider the case of those petitioners as well, in accordance with the directions issued by this Court in **George's case** (supra). 9. Sri.Philip J.Vettickattu, learned counsel appearing for the petitioner in W.P(C)No.4956/2020 would submit that the said petitioner is not now running the quarry and he is not having online access to submit his application and that this Court may direct the competent authority among the respondents to consider the request of the petitioner for grant of permission for online request to submit his application for the purpose of quarrying lease/quarrying permit, as the case may be, as has been ordered to be considered by this Court in a similar case covered by the judgment dated 23.01.2020 in W.P(C)No.1884/2020. Taking note of the directions issued by this Court in the last paragraph of the judgment dated 23.01.2020 in W.P(C)No.1884/2020, it is ordered that the competent W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 14 authority among respondents 3 & 4 in W.P(C)No.4956/2020, will consider the request of the petitioner for granting permission for online access to submit the application, for the purpose of quarrying lease/quarrying permit, as the case may be and it is ordered that the said competent respondent-Authority shall process the said application, after giving access to the petitioner. But it is made clear that this will not amount to granting of quarrying permit/quarrying lease until the proceedings, as aforesaid is completed or the fixed period as above expires. With these observations and directions, the above Writ Petitions (Civil) stand finally disposed of. ## **Sd/-** **ALEXANDER THOMAS JUDGE** vgd W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 15 ## **APPENDIX OF WP(C) 5636/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 9/1/2018 BEARING NO:21/DEIAA/KL/MIN/5709/2017 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY,KOZHIKODE EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 21/10/2019 BEARING NO DOZ/M 2290/2019 ISSUED BY THE SEVENTH RESPONDENT** **EXHIBIT P3 COPY OF THE JUDGMENT DATED IN W.P(C)NO.29853/2019 IS EXHIBIT P4 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8/8/2019 BEARING F NO:22-43/2018-IA.III EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 12/2/2020 IN W.P(C)NO.3904/2020 OF THIS HON'BLE COURT.** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 16 ## **APPENDIX OF WP(C) 4956/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF QUARRYING PERMIT ISSUED TO THE PETITIONER DATED 1.10.2018** **EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY DATED 27.4.2018 EXHIBIT P3 TRUE COPY OF OFFICE MEMORANDUM DATED 8.8.2019 EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF DRAFT NOTIFICATION WITH RESPECT TO CHULANNUR PEAFOWL SANCTUARY** **EXHIBIT P5 TRUE COPY OF NOTICE DATED 20.6.2019 ISSUED BY THE DISTRICT GEOLOGIST, PALAKKAD** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 17 ## **APPENDIX OF WP(C) 5606/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 18.09.2017 ISSUED BY THE SIXTH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 A TRUE COPY OF THE FORM LE-3 LICENSE DATED 30.10.2018 VALID UPTO 31.03.2023 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM.** **EXHIBIT P3 A TRUE COPY OF THE D & O LICENSE DATED 14.11.2018 ISSUED BY THE SECRETARY, VELLARADA GRAMA PANCHAYAT.** **EXHIBIT P4 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 19.07.2018 GRATED BY THE DEIAA, THIRUVANANTHAPURAM TO THE PETITIONER COMPANY.** W.P(C) Nos.5636, 4956, 5606 & 5654 of 2020 18 ## **APPENDIX OF WP(C) 5654/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 13.6.2018 BEARING NO.82/2018 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, KOZHIKODE.** **EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 21.10.2019 BEARING NO.DOZ/M 2290/2019 ISSUED BY THE SEVENTH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED IN W.P.(C) NO.29856/2019. EXHIBIT P4 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019 BEARING F. NO.22-43/2018-IA III. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 12.2.2020 IN W.P.(C) NO.3904/2020 OF THIS HON'BLE COURT.**