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Kerala High Court
Anilkumar. R vs Union Of India on 27 March, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(C)No. 4028 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 4028 OF 2026
PETITIONER:
ANILKUMAR. R
AGED 50 YEARS
S/O. RAJAPPAN NADAR, TC 21/1542-3, KARAMANAKONATH
MELETHATTU PUTHENVEEDU, NEDUNGADU, KARAMANA P.O,
THIRUVANANTHAPURAM, PIN - 695002
BY ADVS.SRI.D.KISHORE
SMT.MEERA GOPINATH
SRI.ANANT KISHORE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY
OF SOCIAL JUSTICE AND EMPOWERMENT, NEW DELHI,
PIN - 110003
2 THE NATIONAL HANDICAPPED FINANCE DEVELOPMENT
CORPORATION
REPRESENTED BY ITS CHAIRMAN-CUM-MANAGING DIRECTOR,
REDCROSS BHAVAN, SECTOR-12, FARIDABAD, HARYANA,
PIN - 121007
3 THE KERALA STATE HANDICAPPED PERSONS WELFARE
CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
W.P.(C)No. 4028 of 2026
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4 THE MANAGING DIRECTOR
KERALA STATE HANDICAPPED PERSONS WELFARE CORPORATION
LTD., HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM,
PIN - 695012
BY ADV. SRI.SREEKANTH K.M., CGC
R3 & R4 BY ADV.SRI.T.K.VIPINDAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No. 4028 of 2026
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BECHU KURIAN THOMAS, J.
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W.P.(C)No.4028 of 2026
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Dated this the 27th day of March, 2026
JUDGMENT
The petitioner claims to be a person suffering from 45% disability on
account of 'Post Polio Residual Paralysis'. According to the petitioner, after
applications were invited under 'Divyangjan Swablamban Yojna' providing
concessional loan up to Rs.50 Lakhs to persons with more than a specified
percentage of disability for self-employment, the petitioner submitted his
application which was sanctioned as per Ext.P3 to the extent of
Rs.40,50,000/-. Petitioner contends that though Rs.15,13,623/-was
disbursed to him as the 1st installment, the balance amount has not been
disbursed. The petitioner raises a grievance that the 4 th respondent is
insisting on disbursement of the balance amount in installments, which
according to the petitioner is contrary to Ext.P2 and hence he has
approached this Court seeking a direction for disbursement of the entire
balance amount as the second installment itself.
2. A counter affidavit has been filed by respondent Nos. 3 and 4
pointing out that Ext.P2 has already been subjected to a revision, as per
which, they are entitled to disburse the amount in more than two
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installments. It is also stated that though the respondents 3 and 4 are
willing to disburse the amount in installments, the petitioner is refusing
to accept the same, relying on Ext.P2.
3. Having heard Sri.D.Kishore, the learned counsel for the
petitioner, Sri.Srikanth K.M., the learned Central Government Counsel as
well as Sri.T.K.Vipindas, learned counsel for respondents 3 and 4, I am of
the view that the petition can be disposed of with a direction.
4. Since the petitioner has repeatedly knocked at the doors of
the 4th respondent claiming disbursement of the amount as per Ext.P12,
I am of the view that a direction can be issued to consider the same in
accordance with the law, in a time bound manner.
5. Accordingly, there will be a direction to the 4 th respondent to
consider and pass appropriate orders on Ext.P11 and P12 as expeditiously
as possible, at any rate, within an outer period of one month from the
date of receipt of a copy of this judgment.
Writ Petition is disposed of as above.
Sd/- BECHU KURIAN THOMAS
JUDGE
MJL
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APPENDIX OF WP(C) NO. 4028 OF 2026
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF DISABILITY
DATED 1.10.1993 ISSUED BY THE MEDICAL
BOARD ATTACHED TO THE GOVERNMENT OF INDIA
WITH REG. NO.271/0H/93
Exhibit P1(a) TRUE COPY OF THE STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATE DATED
17.7.2015 ISSUED BY THE MEDICAL BOARD,
GENERAL HOSPITAL, THIRUVANANTHAPURAM
Exhibit P1(b) TRUE COPY OF THE DISABILITY REGISTRATION
WITH ENROLMENT NO. 325650000025050007509
WITH ENROLMENT DATE 15.5.2025 WITH RESPECT
TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE APPLICATION FORM FOR
DIVYANGJAN SWABLAMBAN YOGANA' CHECK LIST
ALONG WITH THE GUIDELINES FOR THE GRANT OF
LOAN ISSUED BY THE 3RD RESPONDENT AS WELL
AS THE LOAN APPLICATION DATED 3.7.2025
SUBMITTED BY THE PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER NO.
3917/C1/HPWC/2025 DATED 24.10.2025 ISSUED
BY THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE
COLLECTION RECEIPT DATED 14.11.2025 ISSUED
FROM THE NATIONAL INSURANCE COMPANY
Exhibit P4(a) TRUE COPY OF THE CERTIFICATE OF INSURANCE
WITH POLICY NO. 570203112510000633 ISSUED
BY THE NATIONAL INSURANCE COMPANY
Exhibit P5 TRUE COPY OF THE LICENSE ISSUED FROM THE
THIRUVANANTHAPURAM MUNICIPAL CORPORATION
VALID FROM 18.11.2025 TO 17.11.2026
Exhibit P6 A COPY OF THE PHOTOGRAPH OF THE PROVISION
STORE STARTED BY THE PETITIONER
Exhibit P7 TRUE COPY OF THE CERTIFICATE DATED
11.11.2025 ISSUED BY THE COUNCILOR OF
NEDUNGADU WARD
Exhibit P8 TRUE COPY OF THE LEASE AGREEMENT DATED
15.12.2025 EXECUTED BETWEEN THE PETITIONER
AND SRI. SATHEESH KUMAR
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Exhibit P8(a) TRUE COPY OF THE BANK TRANSACTION DETAILS
EVIDENCING THE TRANSFER OF RS.15 LAKHS
FROM CANARA BANK TO SRI. SATHEESH KUMAR
ALONG WITH THE CUSTOMER ACKNOWLEDGEMENT
DATED 12.11.2025
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
19.11.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT
Exhibit P9(a) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
DATED 19.11.2025 ISSUED FROM THE OFFICE OF
THE 4TH RESPONDENT EVIDENCING THE
ACCEPTANCE OF EXHIBIT P9
Exhibit P10 TRUE COPY OF THE RELEVANT EXTRACT OF THE
COMMUNICATION NO.2950/HPWC/2025 DATED
1.12.2025 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
3.12.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
1.1.2026 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT
Exhibit P12(a) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
DATED 1.1.2026 ISSUED FROM THE OFFICE OF
THE 4TH RESPONDENT EVIDENCING THE
ACCEPTANCE OF EXHIBIT P12
RESPONDENTS' EXHIBITS:
EXHIBIT R3(a) THE TRUE COPY OF THE REVISED GUIDELINES
EXHIBIT R3(b) THE TRUE COPY OF THE COMMUNICATION TO THE
NATIONAL DIVYAGJAN FINANCE AND DEVELOPMENT
CORPORATION DATED 06-11-2025
EXHIBIT R3(c) THE TRUE COPY OF THE COMMUNICATION TO THE
NATIONAL DIVYAGJAN FINANCE AND DEVELOPMENT
CORPORATION DATED 16-02-2026
