2025:KER:27220 WP(C) NOS. 39873 and 44403 OF 2024 1 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. 39873 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. JOBI JOSE KONDODY J.ABHILASH RESPONDENTS: 1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA), REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001 2 THE MEMBER SECRETARY, THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA), KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001 3 THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, PATTOM.P.O, TIHRUVANANTHAPURAM, PIN - 695004 2025:KER:27220 WP(C) NOS. 39873 and 44403 OF 2024 2 4 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, THIRD FLOOR, ZAMORIAN’S SQUARE BUILDING, LINK ROAD, PALAYAM, KOZHIKODE, PIN - 673002 5 THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, PALATTUTHAZHAM, KOZHIKODE, PIN - 673020 6 SAJIMON JOSEPH, NARAKATHINGAL HOUSE, KOOMBARA.P.O, KOODARANHI VIA, KOZHIKODE, PIN - 673604 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: 2025:KER:27220 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 THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM, PIN - 695004 2 THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, PALATTUTHAZHAM, KOZHIKODE, PIN - 673020 3 SAJIMON JOSEPH, NARAKATHINGAL HOUSE, KOOMBARA P.O, KOODARANHI VIA, KOZHIKODE, PIN – 673604 2025:KER:27220 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: 2025:KER:27220 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 the above 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 2025:KER:27220 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 2025:KER:27220 WP(C) NOS. 39873 and 44403 OF 2024 7 APPENDIX OF WP(C) 44403/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.12.2014 ISSUED BY SEIAA TO THE PETITIONER Exhibit P2 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 Exhibit P3 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 Exhibit P4 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 Exhibit P5 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 Exhibit P6 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 Exhibit P7 A TRUE COPY OF THE RENEWAL ORDER OF EXHIBIT P1 GRANTED BY THE 1ST RESPONDENT DATED 04.11.2019 Exhibit P8 A TRUE COPY OF THE LETTER DATED 24.07.2023 FILED BY THE 3RD RESPONDENT TO THE CHAIRMAN, NATIONAL GREEN TRIBUNAL, NEW DELHI 2025:KER:27220 WP(C) NOS. 39873 and 44403 OF 2024 8 Exhibit P9 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 Exhibit P10 A TRUE COPY OF THE ORDER DATED 25.3.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 Exhibit P11 A TRUE COPY OF THE ORDER DATED 20.05.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 Exhibit P12 A TRUE COPY OF THE ORDER DATED 12.09.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 Exhibit P13 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. 93/2024 Exhibit P14 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 Exhibit P15 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 2025:KER:27220 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 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 148TH MEETING OF THE SEIAA DATED 27 AND 28-09-2024 Exhibit P19 A TRUE COPY OF THE STOP MEMO DATED 02.11.2024 ISSUED BY THE MEMBER SECRETARY TO THE PETITIONER Exhibit P20 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02.11.2024 ISSUED BY THE MEMBER SECRETARY SEIAA TO THE PETITIONER Exhibit P21 TRUE COPY OF THE REPLY TO EXHIBIT P20 STOP MEMO DATED 26-11-2024 Exhibit P22 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11/11/2024 ISSUED BY THE ENVIRONMENTAL ENGINEER OF THE FIRST RESPONDENT Exhibit P23 TRUE COPY OF THE REPLY NOTICE ISSUED BY THE PETITIONER DATED 26.11.2024 TO EXHIBIT P22 Exhibit P24 TRUE COPY OF THE APPLICATION DATED 26.09.2024 PREFERRED BY THE PETITIONER BEFORE THE POLLUTION CONTROL BOARD Exhibit P25 TRUE COPY OF THE RECEIPT ISSUED BY THE POLLUTION CONTROL BOARD DATED 26.09.2024 Exhibit P26 TRUE COPY OF THE REMARK FOR RETURNING THE APPLICATION DATED 21.10.2024 Exhibit P27 RELAVENT PAGES OF MINING PLAN DATED 01.06.2020 APPROVED BY THE GEOLOGISTS 2025:KER:27220 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 DATED 05.11.2024 ISSUED BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE KOZHIKODE, TO THE PETITIONER Annexure R1(a) 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. 2025:KER:27220 WP(C) NOS. 39873 and 44403 OF 2024 11 APPENDIX OF WP(C) 39873/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.12.2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P2 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 Exhibit P3 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 Exhibit P4 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 Exhibit P5 . 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 Exhibit P 6 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 2025:KER:27220 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 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 Exhibit P 10 A TRUE COPY OF THE ORDER DATED 25.3.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 Exhibit P11 A TRUE COPY OF THE ORDER DATED 20.05.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 Exhibit P12 A TRUE COPY OF THE ORDER DATED 12.09.2024 PASSED BY THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI IN OA NO. 93/2024 Exhibit P13 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. 93/2024 Exhibit P 14 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 Exhibit P15 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 2025:KER:27220 WP(C) NOS. 39873 and 44403 OF 2024 13 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 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 148TH MEETING OF THE 1ST RESPONDENT Exhibit P19 A TRUE COPY OF THE STOP MEMO DATED 02.11.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P20 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02.11.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P21 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