Petitioners challenging delay in lease applications for wind/solar mills. Court directed Revenue Department to take final decision within three months after hearing.
Directions to take final decision on applications within three months after personal hearing.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940
WP(C).No. 37948 of 2018
PETITIONERS:
1 RAMAKKALMEDU GREEN ENERGY (P) LTD., KAROTHUKUDY, PALLIPURAM, MUDICKAL.P.O, PERUMBAVOOR, PIN CODE-683 547, REPRESENTED BY ITS MANAGING DIRECTOR, K.K. IBRAHIM, AGED 60, KAROTHUKUDY, PALLIPPURAM, MUDICKAL.P.O, PERUMBAVOOR, PIN CODE-683 547.
2 K.K.IBRAHIM AGED 60 YEARS KAROTHUKUDY, PALLIPUAM, MUDICKAL P.O., PERUMBAVOOR, PIN CODE - 683 547.
BY ADVS. SRI.P.VISWANATHAN SRI.AJITH VISWANATHAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN CODE-695 001.
2 PRINCIPAL SECRETARY DEPARTMENT OF POWER, SECRETARIAT, THIRUVANANTHAPURAM, PIN CODE - 695 001.
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SMT.A.C.VIDHYA,GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ALEXANDER THOMAS,J.
===========================
W.P.(C)No.37948 of 2018
===========================
Dated this the 23rd day of November,2018
J U D G M E N T
The prayers in the above Writ Petition
(Civil) are as follows:
A) “Issue a writ of mandamus or other appropriate writ, direction or order, directing respondents to take a decision with respect to Exhibits P5 and P6 applications within such time as may be prescribed by this Hon'ble Court.
B) Issue such other order or directions as are necessary in the nature of this case.”
counsel appearing for the petitioner and
Smt.A.C.Vidhya learned Government Pleader
appearing for the respondents.
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a Private Limited Company, which is stated to
be engaged in generation of electricity from
wind and solar resources. The activities of
the said 1st petitioner company, are installation and maintenance of solar farms and wind mills in different areas across the State. The 2nd petitioner is the managing director of the 1st petitioners company. The 1st petitioner company had submitted applications as per Exts.P5 and P6 before the 4th respondent District Collector, Idukki for permission for grant of lease of Government
land for the purpose of setting up of wind/solar mills for electricity generation in terms of the provisions contained in Ext.P4 G.O.(MS)No.12/2015/PD dated 07.04.2015, and
also stating that the petitioner company would
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abide by the stipulations contained in Ext.P4
G.O. etc. Pursuant to the Exts.P5 and P6
applications, site inspections were also carried out and Ext.P7 letter dated 26.09.2016, was issued by the 4th respondent District Collector, to the Principal Secretary of the 3rd respondent Government in the Revenue Department, stating the nature of the land and suitability of the said purpose for getting further directions from that higher authority. The petitioner would state that
after the issuance of Ext.P7 letter dated 26.09.2016, no further effective action is forthcoming from the respondents more particularly, respondents 3 and 4, and no decision has been taken on the above said applications submitted by the petitioner as
W.P.(C)No.37948 of 2018
per Exts.P5 and P6. That delay on the side of the respondents in processing and taking a final decision on the request made in Exts.P5 and P6 applications, would seriously affect the economic and financial interests of the 1st petitioner company. It is in the light of these factual averments, the petitioner has filed the instant Writ Petition with the
aforementioned prayers.
and circumstances of the case, it is ordered that respondent No.3 may take further action in pursuance of the matter reported by the 4th respondent District Collector, as per Ext.P7 before the 3rd respondent and the authorities of the Government in the Revenue Department may take a final decision in the matter, on
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the applications submitted by the petitioners
as per Exts.P5 and P6 without much delay. Before taking a final decision as above, the 3rd respondent may get any further report if necessary from the 4th respondent and a copy of such may also be given to the petitioner and thereafter, the petitioners should be invited for a personal hearing and if necessary, the 4th respondent District
Collector may also be requested to attend the said hearing process so as to enable the 3rd respondent to have a comprehensive perspective about the matter to take a appropriate final decision in the matter. Thereafter, the competent authorities among the respondents more particularly, respondents 3 and 4, may take a final decision on the applications
W.P.(C)No.37948 of 2018
submitted by the petitioners as per Exts.P5 and P6 without much delay. The entire process in this regard should be duly completed and the decision so taken by them should be duly communicated to the petitioners as well, without much delay preferably within a period of 3 months from the date of production of a certified copy of this judgment.
With the observations and directions the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
PR/23.11.2018
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APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF CERTIFICATE OF INCORPORATION OF THE 1ST PETITIONER COMPANY.
EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE MEMORANDUM OF ASSOCIATION OF THE 1ST PETITIONER COMPANY.
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE ARTICLE OF ASSOCIATION OF THE 1ST PETITIONER COMPANY.
EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE G.O. (MS) 12/2015/PD, DATED 07/04/2015.
EXHIBIT P5 THE TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT, DATED 15/06/2015.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT, DATED 15/06/2015.
EXHIBIT P7 THE TRUE PHOTOSTAT COPY OF THE LETTER NO.C13-23806/15 DATED 26/09/2016.
2 issues framed by the court
Whether the Revenue authorities are directed to decide on the lease applications submitted by the petitioner company within three months.
Whether the petitioner should be invited for a personal hearing prior to taking the final decision.
RAMAKKALMEDU GREEN ENERGY (P) LTD.
K.K.IBRAHIM
STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY
PRINCIPAL SECRETARY DEPARTMENT OF POWER
PRINCIPAL SECRETARY DEPARTMENT OF REVENUE (A)
THE DISTRICT COLLECTOR COLLECTORATE, IDUKKI
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
