IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 6^TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 WP(C) NO. 5904 OF 2021 PETITIONER:

SINOJ THOMAS, AGED 37 YEARS S/O.THOMAS, PROPRIETOR, CHETTIKATTU GRANITES, CHETTIKKATTU HOUSE, KONNAKKADU P.O., PARAPPA, KASARGODE DISTRICT.

BY ADVS.

SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE RESPONDENTS:

1 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KASARGODE DISTRICT, CIVIL STATION, VIDYANAGAR, KASARGODE DISTRICT, PIN CODE-671 123.

2 LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-33.

3 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO), FORMERLY DEPT. OF EXPLOSIVES, KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR, CSEZ P.O., KAKKANAD, ERNAKULAM-682 037.

BY ADV SRI.NAGARAJ NARAYAN SPL. GOVERNMENT PLEADER (FOREST)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, ALONG WITH WP(C).15433/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 6^TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 WP(C) NO. 15433 OF 2021 PETITIONERS:

1 ANEESH.K.K, AGED 27 YEARS, KOTAYIL HOUSE, MUTTOMKADAVU P.O., VELLARIKUNDU, KASARKODE, PIN-671 5342.

2 JIJO P.MANUEL, PULIKKAL HOUSE, PUNNAKKUNNU P.O., PUNGAMCHAL, KASARKODE-671 534.

3 RIJOSH, MOOLECHALIL HOUSE, MUTTOMKADAVU P.O., VELLARIKUNDU, KASARKODE, PIN-671 534.

BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS:

1 THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, COLLECTORATE, KASARKOD, PIN-671 121.

2 SINOJ THOMAS, PROPRIETOR, CHETTIKATTU GRANITES, CHETTIKKATTU HOUSE, KONNAKKADU P.O., PARAPPA, KASARAGOD DISTRICT, PIN-681 533.

BY ADVS.

SANTHOSH MATHEW ANIL SEBASTIAN PULICKEL KARTHIK RAJAGOPAL ARUN THOMAS JAISY ELZA JOE NANDA SANAL JENNIS STEPHEN ABI BENNY AREECKAL SANITA SABU VARGHESE VIJAY V. PAUL MATHEW NEVIN THOMAS MANASA BENNY GEORGE KARTHIKA MARIA BY ADV. SRI.NAGARAJ NARAYAN, SPL.GOVERNMENT PLEADER (FOREST)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, ALONG WITH WP(C).5904/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 6th day of September, 2021 [WP(C) Nos.5904 & 15433 of 2021]

The petitioner in WP(C) No.5904/2021, who has obtained leasehold rights over 2.2621 Hectares of property in Kasaragod District to conduct granite quarrying operations, has filed this writ petition seeking to quash Ext.P23 order and Ext.P24 communication. The petitioner is aggrieved by the requirement contained in Ext.P23 order to obtain clearance from the Standing Committee for National Board for Wildlife (SCNBWL).

2. The petitioner states that he owns leasehold right over 2.2621 Hectares of land in Re-survey No.193 in Maloth Village, Vellarikundu Taluk of Kasaragod District. The petitioner proposes to conduct granite quarrying operations and for that purpose to construct an Explosive Magazine. According to the petitioner, the land is situated 2.13 Km. away from Talakavery Wild Life Sanctuary. For mining minor minerals from land having a lease area of less than 5 Hectares, Ext.P1 Notification dated 15.05.2017 of the Ministry of Environment, Forest and Climate Change (MoEF&CC) will not apply.

3. The District Environmental Impact Assessment Authority (DEIAA) granted Environmental Clearance (EC) to the petitioner on 25.04.2018, as per Ext.P6. Ext.P6 was issued after getting Site Inspection Report of the District Forest Officer and Expert Member. It was issued after the Sector Specific Appraisal Committee, namely the District Expert Appraisal Committee (DEAC), conducted an inspection and cleared the project. The Senior Geologist approved Ext.P7 Mining Plan. The Pollution Control Board issued Ext.P12 Consent to Operate, on 16.06.2018.

4.