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2026 Supreme(Online)(Ker) 8664

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
P.J. ASSOCIATES – Appellant
Versus
STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA) KERALA – Respondent
WP(C) NO. 20117 OF 2025



Advocates:
For the Appellants/Petitioners: M.SASINDRAN, S.SHYAM KUMAR
For the Respondents: M.P.SREEKRISHNAN, VIDHYA A.C.

Compliance with regulatory requirements for mining operation closure can enable reconsideration of Environmental Clearance applications.

Headnote:In the judgment concerning WP

(C) NO. 20117 OF 2025, the High Court of Kerala addressed the dismissal of a petitioner's application for Environmental Clearance due to the non-closure of previous mining operations. The court noted that compliance with the mine closure plans should lead to reconsideration of the dismissal. It determined that if the petitioner provides documentation of compliance, the SEIAA is to review the application within three months. The petition stands disposed of accordingly.

Table of Content
1. the petitioner's claim for environmental clearance was dismissed. (Para 1)
2. the petitioner presented compliance evidence for earlier operations. (Para 2 , 3)
3. the court outlined the process for reconsideration of the petitioner's application. (Para 4)

JUDGMENT

The petitioner is aggrieved by Exts.P7 and P12 Orders issued by the SEIAA, as per which, petitioner's application for Environmental Clearance (E.C.) was dismissed. Ext.P7 is the original Order which dismissed the E.C. Seeking reconsideration of the same, the petitioner filed Ext.P11 application, which was also dismissed vide Ext.P12.

2. Learned Standing Counsel for SEIAA would submit that the essential reason for rejection vide Ext.P7 is the non-closure of the earlier mines operated by the petitioner, and the resultant situation of forming a cluster.

3. When this matter is taken up for consideration today, learned counsel for the petitioner would submit that mine closure plans, in respect of the earlier mines, have been accepted by the Geologist, pursuant to which the mine closure plan has been implemented. Learned counsel would hand over a copy of an Order, issued by the Geologist dated 23.01.2026, which would go to show that the mine closure plan has been acted upon and implemented by the petitioner. In such circumstances, Ext.P7 and Ext.P12 has to be reviewed, is the short submission made by the learned counsel for the petitioner.

4. Learned Standing Counsel for SEIAA would submit that, if the mine closure plan has been implemented, Exts.P7 and P12 can be reconsidered. It will be open for the petitioner to produce the letter issued by the Geologist, dated 23.01.2026, as also, any other document which would go to show that the mine closure plan has been acted upon and implemented. Upon satisfaction of the same, SEIAA will reconsider Exts.P7 and P12 Orders, and consider petitioner's application for fresh issuance of E.C, in accordance with law, expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before SEIAA, for compliance.

The Writ Petition will stand disposed of, as above.

Sd/-

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