Allowed

Sajeev K.V @ Sajeev Kurup.v. v. State of Kerala

Kerala HC25 Jan 2023WP(C)/1074/2023

Case brief

AI extract

What is this about?

Petitioner sought direction to 6th respondent to consider pending NOC application for caravan park. Hon'ble Court issued direction to finalize application within six weeks from receipt of judgment copy.

What did the court decide?

Direction to the 6th respondent to finalize the Ext.P9 application at the earliest, at any rate within six weeks from the date of receipt of a copy of this judgment.

Sajeev K.V @ Sajeev Kurup.v. Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

WEDNESDAY, THE 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944

¶5

WP(C) NO. 1074 OF 2023

¶6

PETITIONER

¶7

SAJEEV K.V @ SAJEEV KURUP.V. AGED 57 YEARS S/O. LATE ADV.M.K.VASUDEVA KURUP, RESIDING AT CRA 184, GEETHANJALI, CHAKKUNGAL ROAD, PALARIVATTOM, KOCHI , PIN - 682025 BY ADVS. ALEX.M.SCARIA BEAS K. PONNAPPAN A.J.RIYAS SARITHA THOMAS ALEN J. CHERUVIL SAHL ABDUL KADER SANJITH KUMAR R.

¶8

RESPONDENTS

¶9

1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶10

2 THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶11

3 THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶12

4 THE PRINCIPAL SECRETARY LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶13

5 THE PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT,

¶14

WP(C).1074 of 2023

¶15

¶16

THIRUVANANTHAPURAM, PIN - 695001 6 THE EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, MALAMPUZHA DAM, MALAMPUZHA, PALAKKAD, PIN - 678651

¶17

Sr.GP SMT.RASHMI K.M.

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).1074 of 2023

SHAJI P.CHALY. J.

W.P.(C).1074 of 2023 ----------------------Dated : 25^th January, 2023

¶23

JUDGMENT

¶24

This writ petition is filed by the petitioner seeking the following reliefs :-

¶25

“(i) To direct the 6^th respondent to consider and dispose of Ext.P9 application within a time to be fixed by this Hon'ble Court;

¶26

(ii) To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

¶27

The basic facts of the disposal of the writ petition are

¶28

as follows :-

¶29

According to the petitioner, relying upon a Caravan

¶30

Tourism policy as per Ext.P1 declaration of the Government Of Kerala under “Invest in Kerala Scheme”, petitioner initiated steps to open a Kava Eco Camp and Caravan Park at Kava, Malampuzha. It is also the case of the petitioner that, it is registered under K-Swift scheme and as per MSME Rules, 2020. As per the terms of Scheme, petitioner has to secure clearance

¶31

¶32

WP(C).1074 of 2023

¶33

after three years from commencement of the activity and there upon, petitioner has submitted Ext.P9 application to the Assistant Engineer, Dam Section, Malampuzha, who, according to the petitioner, has forwarded the said application to the Executive Engineer, Irrigation Department, Malampuzha, the 6^th respondent herein. Petitioner seeks a direction to the 6^th respondent to consider Ext.P9 application.

¶34

On instructions, the learned Government Pleader submitted that inspection was conducted by the statutory authority and according to the said authority, as per the Defence of India Act, 1962, NOC from irrigation Department is mandatory for carrying out all construction works within a periphery of 300 meters from the maximum water level of the reservoir.

¶35

I have heard the learned counsel for the petitioner, Sri.Alex M.Scaria and the learned Senior Government Pleader, Smt.Rashmi K.M. and perused the pleadings and materials on record.

¶36

Admittedly, the application submitted by the petitioner in terms of the provisions of the Defence of India Act, 1962, is pending consideration before the 6^th respondent -

¶37

WP(C).1074 of 2023

¶38

¶39

Executive Engineer, Irrigation Department, Malampuzha, and therefore, the said statutory authority will have to take a decision taking into account all attendant facts and circumstances, and in accordance with law and the Scheme regulations and pass orders thereon within a time frame.

¶40

In the above view of the matter, there will be a direction to the 6^th respondent to finalize Ext.P9 application, which is said to be forwarded by the Assistant Engineer to the Executive Engineer, at the earliest, at any rate, within six weeks from the date of receipt of a copy of this judgment.

¶41

The writ petition is disposed of as above.

SHAJI P.CHALY, Judge

Mrcs

WP(C).1074 of 2023

APPENDIX OF WP(C) 1074/2023

¶47

PETITIONER EXHIBITS

¶48

Exhibit P1	TRUE COPY OF G.O.(MS) NO. 18/2021/TOURISM DATED 08/10/2021.
Exhibit P2	TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.A4-6745/21 DATED 27/03/2022 ISSUED BY THE MALAMPUZHA PANCHAYATH.
Exhibit P3	TRUE COPY OF THE CONSENT DATED 19/09/2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.
Exhibit P4	TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE DATED 25/10/2022 ISSUED BY THE K-SWIFT.
Exhibit P5	TRUE PHOTOGRAPHS OF THE LOCATION AND STRUCTURES.
Exhibit P6	TRUE COPY OF THE LETTER DATED 12/10/2022 ISSUED BY THE MALAMPUZHA PANCHAYATH.
Exhibit P7	TRUE COPY OF THE LETTER DATED 31/10/2022 ISSUED BY THE PETITIONER TO THE SECRETARY, MALAMPUZHA PANCHAYATH.
Exhibit P8	TRUE COPY OF THE ORDER NO.21/MDS/PERMISSION/2022 DATED 21/10/2022 ISSUED BY THE IRRIGATION DEPARTMENT.
Exhibit P9	TRUE COPY OF THE NOC APPLICATION DATED 31/10/2022 SUBMITTED BY THE PETITIONER.
Exhibit P10	TRUE COPY OF THE LETTER DATED 01/11/2022 ISSUED BY THE DIRECTOR, TOURISM, GOVERNMENT KERALA, TO THE
	EXECUTIVE ENGINEER, MALAMPUZHA

WP(C).1074 of 2023

IRRIGATION DAM.

Exhibit	P11 TRUE COPY OF THE LETTER DATED 14/11/2022 ISSUED BY THE PETITIONER TO THE HON'BLE MINISTER FOR IRRIGATION, GOVERNMENT OF KERALA.
Exhibit	P12 TRUE COPY OF THE NOC LETTER NO. E4- 2383/17 DATED 09/10/2017 ISSUED BY THE IRRIGATION DEPARTMENT TO AUE REVIOR RESORT, MALAMPUZHA.
Exhibit	P13 TRUE COPY OF THE ORDER NO. A5-2524/2019 DATED 31/03/2022 ISSUED BY THE IRRIGAITION DEPARTMENT TO PWD FOR BRIDGE & ROAD CONSTRUCTION ACROSS MALAMPUZHA DAM.
Exhibit	P14 TRUE COPY OF THE LETTER DATED 30/11/2022 ISSUED BY THE PETITIONER TO THE PRINCIPAL SECRETARY, TOURISM DEPARTMENT.
Exhibit	P15 TRUE COPY OF THE LETTER NO.A5/3456/2022 DATED 04/11/2022 ISSUED BY THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, MALAMPUZHA ALONG WITH TYPED COPY.
Exhibit	P16 TRUE COPY OF THE RELEVANT PAGES OF G.O. (MS) NO. 329 DATED 28/06/1963.
Exhibit	P17 TRUE COPY OF THE BANK TRANSFER VOUCHER EVIDENCING RECEIPT OF US DOLLAR 4650.00 ENTERED ON 30/12/2022 BY THE PETITIONER FROM A FOREIGN CLIENT (ALONG WITH TYPED COPY).

Sajeev K.V @ Sajeev Kurup.v. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sajeev K.V @ Sajeev Kurup.v. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Suma K Vs State of Kerala

Sibi N.K. Vs State of Kerala

Sree Anjaneya College of Paramedical Sciences Vs State of Kerala

Joseph M.C Vs State of Kerala

Devika S Vs Union of India

Philomon Bennet Jacob Vs the District Collector/District Magistrate