Kerala High Court
Al Nassar Granites (P) Ltd vs Union Of India on 21 December, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.41599/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
WP(C) NO. 41599 OF 2022 (Y)
PETITIONER:
AL NASSAR GRANITES (P) LTD VALIAKALAM, IRAVOOR, ARYANAD,
THIRUVANANTHAPURAM- 695542. REPRESENTED BY ITS DIRECTOR SMT. SHAILA
NASSAR.
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF
ENVIRONMENT, FORESTS AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN,
JORBAGH ROAD, NEW DELHI - 110003.
2. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF
INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
3. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT
OFFICE, PATTOM P.O, THIRUVANANTHAPURAM - 695004
4. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY K.S.R.T.C BUS
TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM 695001
REPRESENTED BY ITS MEMBER SECRETARY.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd Respondent to issue transit passes to the
Petitioner by extending the benefit of Ext.P3 Notification, pending
disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.ENOCH DAVID SIMON JOEL, S.SREEDEV, RONY JOSE, LEO LUKOSE & CIMIL
CHERIAN KOTTALIL, Advocates for the petitioner, DEPUTY SOLICITOR GENERAL
OF INDIA for R1, GOVERNMENT PLEADER for R2 & R3 and of STANDING COUNSEL
for R4, the court passed the following:
WP(C) No.41599/2022 2/4
N.NAGARESH, J.
------------------------------------------------
W.P.(C) No.41599 of 2022
-------------------------------------------------
Dated this the 21st day of December, 2022
ORDER
Admit.
2. Deputy Solicitor General of India takes notice for the 1st respondent. Government Pleader takes notice for respondents 2 and 3. Standing Counsel takes notice for the 4th respondent.
3. In the light of the interim order passed by this Court in W.P.(C) No.14264/2022, there will be an interim order in this case also directing the 3rd respondent-District Geologist to issue Transit Passes to the petitioner under Rule 26 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, extending the benefit of the notification under S.O.No.1807(E) dated 12.04.2022, of the Ministry of Environment, Forest and WP(C) No.41599/2022 3/4 W.P.(C).No.41599 of 2022 2 Climate Change, pending disposal of the writ petition, on condition that the petitioner holds all other statutory licences. Needless to say this will be subject to the availability of project life and subject to the availability of minable minerals.
Sd/-
N.NAGARESH, JUDGE spk 21-12-2022 /True Copy/ Assistant Registrar WP(C) No.41599/2022 4/4 APPENDIX OF WP(C) 41599/2022 Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 12.04.2022 BEARING NUMBER S.O. 1807(E) ISSUED BY THE 1ST RESPONDENT. 21-12-2022 /True Copy/ Assistant Registrar