Jidesh C T vs The Union Of India
2023 Latest Caselaw 10638 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                     WP(C) NO. 31976 OF 2023
PETITIONER:
           JIDESH C T, AGED 35 YEARS, S/O. JAYARAJAN,
           CHETTIYAN THODI HOUSE, KUTTIPPALA P.O, TIRUR,
           MALAPPURAM DISTRICT., PIN - 676501

          BY ADV T.U.SUJITH KUMAR
RESPONDENTS:
     1     THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO
           GOVERNMENT, MINISTRY OF MICRO, SMALL AND MEDIUM
           ENTERPRISES, UDYOG BHAWAN, RAFI MARG, NEW DELHI.,
           PIN - 110011

    2     THE KHADI AND VILLAGE INDUSTRIES COMMISSION
          KERALA (STATE OFFICE), REPRESENTED BY STATE DIRECTOR,
          TC NO: 21/235, VAYDHUTHIBHAVAN, PATTAM PALACE P.O,
          THIRUVANANTHAPURAM., PIN - 695001

    3     THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD
          REPRESENTED BY ITS NODAL OFFICER (PMEGP),
          VANCHIYOOR, THIRUVANANTHAPURAM., PIN - 695035


    4     THE DISTRICT INDUSTRIES CENTRE, REPRESENTED BY ITS
          GENERAL MANAGER, UP HILL, MALAPPURAM DISTRICT.,
          PIN - 676503

    5     THE CANARA BANK, REPRESENTED BY ITS BRANCH MANAGER,
          KURUKATHANI BRANCH, MALAPPURAM DISTRICT., PIN - 676555

          BY ADVS.
          MANU S. DSG OF INDIA
          K.JOHN MATHAI(K/413/1984)
          JOSON MANAVALAN(J-526)
          KURYAN THOMAS(K/131/2003)
          PAULOSE C. ABRAHAM(MAH/58/2006)
          RAJA KANNAN(K/356/2008)
          N.RAJAGOPALAN NAIR, SC,
          M.GOPIKRISHNAN NAMBIAR, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 31976/23
                                       2

                            JUDGMENT

The learned Standing Counsel for the 5 th respondent -

Sri.Gopikrishnan Nambiar, submitted that subsidy amount was

received by his client, to the benefit of the petitioner, on

02.01.2020 from the 2nd respondent - Khadi and Village Industries

Commission ('Commission' for short); but that they are awaiting

further instructions from the competent Authority, for its

disbursement to him.

2. Sri.Rajasekharan Nair - learned Standing Counsel for

the 2nd respondent - Commission, confirmed that even though

amounts have been released by his client to the 5 th respondent to

be given to the petitioner, they can be credited to his account

only if certain imperative criteria are complied with.

3. The learned Government Pleader, appearing for the 4th

respondent, submitted that his client has no role to play at this

stage and that it is for the 2 nd respondent - Commission to verify

whether the petitioner has complied with all the relevant criterion.

4. When I evaluate and consider the afore submissions, it WPC 31976/23

is evident that, one of the important conditions mentioned by

Sri.Rajasekharan Nair is that, physical inspection of the stock of

the petitioner ought to have been considered. However, it has

been more than three years after the amount has been credited to

the 5th respondent, to the benefit of the petitioner, but not

disbursed. Prima facie, therefore, one fails to understand how such

an inspection could be done at this point of time.

Nevertheless, I direct the competent Authority of the 2nd

respondent - Commission, to immediately hear the petitioner, and

take a decision on the disbursement of amounts at the hands of

the 5th respondent - Bank; which shall be done, as expeditiously

as is possible, but not later than three weeks from the date of

receipt of a copy of this judgment, for which purpose, I direct the

petitioner to mark appearance before the competent Authority of

the said respondent at 11 A.M. on 26.10.2023.

I make it clear that, though this Court has not entered into

the merits of the rival contentions, Ext.P6 will be specifically

adverted to by the competent Authority of the 2nd respondent,

while completing the afore exercise, and his/her opinion on the WPC 31976/23

same shall be reflected in the resultant order.

It also goes without saying that if, through the afore

exercise, the amounts now in the hands of the 5 th respondent is

found due to the petitioner, same shall be disbursed within a

period of two weeks thereafter.

This Writ Petition is thus ordered.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                  JUDGE
 WPC 31976/23


                APPENDIX OF WP(C) 31976/2023

PETITIONER EXHIBITS
Exhibit-P1          A TRUE COPY OF THE APPLICATION SUBMITTED

BY THE PETITIONER UNDER THE PMEGP DATED 07.05.2019.

Exhibit-P2 A TRUE COPY OF THE GUIDELINES OF THE PMEGP SCHEME.

Exhibit-P3 A TRUE COPY OF THE APPLICATION STATUS VIEW OF THE PETITIONER DATED 27.12.2022. Exhibit-P4 A TRUE COPY OF THE PHYSICAL VERIFICATION REPORT OF THE 5TH RESPONDENT BANK DATED 25.01.2023.

Exhibit-P5 A TRUE COPY OF THE REPLY DATED 27.07.2023 ISSUED BY THE 4TH RESPONDENT. Exhibit-P6 A TRUE COPY OF THE LETTER DATED 23.08.2023 ISSUED BY THE 4TH RESPONDENT.