IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 2144 of 2009(E) ------------------------- PETITIONER(S): --------------- AGASTYA BIO-PHARM INDIA LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR PROF.D.ARAVINDAKSHAN HAVING ITS CORPORATE OFFICE AT CHAVARA P.O., KOLLAM DISTRICT. BY ADV. SRI.N.VIMALAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF COMMERCE, MINISTRY OF COMMERCE AND INDUSTRIES, UDYOG BHAVAN, NEW DELHI-110011. 2. THE DEPUTY SECRETARY, BOARD OF APPROVAL FOR S.E.Z, DEPARTMENT OF COMMERCE, MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA, UDYOG BHAVAN, NEW DELHI 110011. 3. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. PRINCIPAL SECRETARY TO THE GOVT. OF KERALA, DEPARTMENT OF INDUSTRIES AND COMMERCE GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. PRINCIPAL SECRETARY TO THE GOVT. OF KERALA, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SMT.SUDHADEVI, GOVERNMENT PLEADER ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.2144 of 2009 --------------------------------- Dated, this the 4th day of February, 2009 J U D G M E N T The petitioner submits that it is a company incorporated under the provisions of the Companies Act. They submitted Ext.P2 with a copy to the 4th respondent, by which a proposal was made for the approval of a Special Economic Zone in 31 acres where the petitioner wanted to establish a Biotechnology Park. The petitioner states that in terms of the provisions contained in the Special Economic Zones Act and the Rules, the 4th respondent has to forward a copy of Ext.P2 to the 2nd respondent with their recommendations. It is stated that there has not been any progress on the part of the 4th respondent, and therefore they made Ext.P3, requesting the 4th respondent to forward its application / proposal to the 2nd respondent with their recommendations. Even then, there has not been any progress and it is in these circumstances, the writ petition has been filed. 2. Ext.P1 is the Special Economic Zones Rules, 2006 framed by the Central Government under the provisions of the Special Economic Zones Act, 2005. It is seen from Chapter 2 of the said WP(C) No.2144/2009 -2- Rules, laying down the procedure for establishment of Special Economic Zone, the recommendation of the 4th respondent is a necessary requirement. It was therefore that the petitioner forwarded a copy of Ext.P2 to the 4th respondent. Now, that the petitioner states that Ext.P2 has been forwarded to the 4th respondent, there has not been any progress in the matter, in spite of Ext.P3. 3. It is, therefore, ordered that if these documents have been received and are pending before the 4th respondent, the 4th respondent shall consider the same and pass orders thereon in the manner as laid down in Ext.P1 Rules referred to above. Orders as directed above, shall be passed as expeditiously as possible, at any rate, within three months of production of a copy of this judgment, along with a copy of this writ petition. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg