MUNNAR SERVICE CO-OPERATIVE BANK LTD. NO.I-209 v. STATE OF KERALA

Anyway, we do not find any infirmity with the impugned order passed by the Additional Chief Secretary taking note of the interim order passed by this Court and also the fact that no prior permission was obtained from the government. But, that does not mean that the government is precluded from allowing such activity by the KSEB on such terms and conditions. It involves a policy. It is for WP(C) NO. 16730 OF 2023 ..6.. the government to evolve such policies and to permit the KSEB to have such an agreement with any other bank or any other entity on such terms and conditions as the government is ultimately having paramount control over the land.

5. We also note that with the permission of the District Collector, 11 acres of land has already been developed for Hydel Tourism as evident from Ext.P2 and the present attempt to extend the activities to establish an amusement park is a part of the Hydel Tourism being promoted by the KSEB. It is being a revenue generating business model, nothing prevents the government from allowing utilization of the land for the above purpose on a strong policy being evolved by the government and on such terms and conditions the government may deem fit to evolve. Therefore, we are of the view that the petitioner shall approach the Chief Secretary, Government Kerala, Secretariat, Thiruvananthapuram-695001, WP(C) NO. 16730 OF 2023 ..7.. immediately place the matter before the government for appropriate decision. Needless to say that the petitioner shall make a representation along with a copy of this judgment before the Chief Secretary for appropriate action by the government.

6. The Chief Secretary, Government of Kerala, Secretariat, Thiruvananthapuram-695001 is suo motu impleaded as the additional eighth respondent in the writ petition. The writ petition is disposed of, accordingly. Sd/- A. MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE bka/- WP(C) NO. 16730 OF 2023 ..8.. APPENDIX OF WP(C) 16730/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF LETTER DATED 10-06-1940 ISSUED BY KANNAN DEVAN HILLS COMPANY LTD., ADDRESSED TO THE DIVISION PEISHKAR, KOTTAYAM DEMANDING COMPENSATION TRUE COPY OF PROCEEDINGS DATED 24-07- 2019 OF THE 2ND RESPONDENT TRUE COPY OF AGREEMENT DATED 29-06- 2019 ENTERED BETWEEN THE PETITIONER WITH THE 5TH RESPONDENT, INCORPORATING THE TERMS AND CONDITIONS OF ESTABLISHMENT OF AMUSEMENT PARK TRUE COPY OF AGREEMENT DATED 15-01- 2021 ENTERED BETWEEN THE PETITIONER WITH M/S.AGELESS ENTERTAINMENTS, VENNALA P.O. FOR SUPPLY OF AMUSEMENT PARK RIDES AND INSTALLATION THEREOF. 21-26 TRUE COPY OF REPRESENTATION DATED 04- 11-2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DISTRICT COLLECTOR FOR NO OBJECTION CERTIFICATE FOR THE ESTABLISHMENT OF THE AMUSEMENT PARK TRUE COPY OF ORDER DATED 12-11-2019 ISSUED BY THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETY, IDUKKI DISTRICT Exhibit P7 TRUE COPY OF LETTER DATED 17-09-2021 ISSUED BY THE 2ND RESPONDENT WP(C) NO. 16730 OF 2023 ..9.. Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 TRUE COPY OF STOP MEMO DATED 07-09- 2021 ISSUED BY THE 3RD RESPONDENT, VILLAGE OFFICER TRUE COPY OF INTERIM ORDER DATED 21- 01-2010 IN W.P.(C).NO.1801 OF 2010 OF THIS HON'BLE COURT TRUE COPY OF ORDER DATED 23-06-2010 IN I.A.NO.3228 OF 2010 IN W.P.(C).NO.1801 OF 2010 OF THIS HON'BLE COURT TRUE COPY OF ORDER DATED 22-12-2021 IN W.P.(C).NO.23533 OF 2021 OF THIS HON'BLE COURT TRUE COPY OF AFFIDAVIT DATED 25-01- 2022 FILED BY THE 2ND RESPONDENT BEFORE THIS HON'BLE COURT IN W.P. (C).NO.23533 OF 2021 Exhibit P13 TRUE COPY OF ORDER DATED 23-03-2022 ISSUED BY THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF JUDGMENT DATED 30-06-2005 IN W.A.NO.227 OF 2001 AND CONNECTED CASES OF THIS HON'BLE COURT Exhibit P15 TRUE COPY OF ORDER DATED 19-04-2018 IN CIVIL APPEAL NO.4436 OF 2011 Exhibit P16 Exhibit P17 TRUE COPY OF COMMON JUDGMENT DATED 20- 12-2022 IN W.P.(C).NO.26606 OF 2021 AND 23533 OF 2021 OF THIS HON'BLE COURT TRUE COPY OF ARGUMENT NOTE DATED 02- 01-2023 SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF REVENUE WP(C) NO. 16730 OF 2023 ..10.. Exhibit P18 Exhibit P19 TRUE COPY OF ORDER DATED 09-02-2023 ISSUED BY THE 1ST RESPONDENT, REJECTING THE APPLICATION FOR NOC TRUE COPY OF GO(MS).NO.72/2023/RD DATED 29-03-2023 ISSUED BY THE 1ST RESPONDENT Exhibit P20 TRUE COPY OF REVISED SITE PLAN