Madras High Court
T.Marimuthu vs The District Collector / The Chairman on 26 February, 2025
W.P(MD)No.5110 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Writ Petition(MD)No.5110 of 2025
and
W.M.P(MD)No.3706 of 2025
T.Marimuthu
..Petitioner
Vs
1.The District Collector / The Chairman,
(Ministry of Food Proceeding Industries),
Office of the District Collector,
Dindigul District.
2.The Member / The General Manager,
Dindigul District Industries Centre,
SR Mills, SIDCO, Industries Estate,
Dindigul District – 624 003.
3.The Branch Mananger,
Canara Bank, Oddanchathiram Branch,
Oddanchathiram Town and Taluk,
Dindigul District. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus to call for the
records pertaining to the impugned order passed by the second respondent nil
dated, which was published in their Website only and quash the same and
consequently direct the respondents to process the petitioner's application
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1/6
W.P(MD)No.5110 of 2025
which was submitted for availing the benefits under the Prime Ministers
Formulization of Micro Food Processing Enterprise Scheme (PMFME).
For Petitioner : Mr.C.Gangai Amaran
For Respondents : Mr.S.Shaji Bino
Spl. Govt. Pleader
ORDER
This writ petition is filed to quash the impugned order of the second
respondent published in their Website and to direct the respondents to process
the petitioner's application which was submitted for availing the benefits under
the Prime Ministers Formulization of Micro Food Processing Enterprise
Scheme (PMFME).
2. The petitioner claims that after completing his degree course, he has
been trying to start a Micro Food Processing Business through self-
employment. He came to know that the Union of India has introduced a
scheme under the name and style of “Prime Minister's Formulization of Micro
Food Processing Enterprise Scheme (PMFME)”. As per the said scheme, the
Union of India assured that it will provide 50 percent of a financial grant as
branding and marketing support to any person involved in the said business.
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3. The petitioner submitted an application on 22.10.2024. He sought a
loan of Rs.15,51,700/-. The said application was processed by the third
respondent/Canara Bank. It was rejected by the bank for the following reasons:
(i) the project is economically not viable and
(ii) since the area where the micro food processing unit is sought to be
established is a hill area, it will not generate sufficient income.
4. Challenging the same, the present writ petition.
5. Heard Mr.C.Gangai Amaran, for the petitioner and Mr.S.Shaji Bino,
learned Special Government Pleader for the respondents.
6. The petitioner's application has been rejected since the bank, the
disbursing agency, feels that the project is economically unviable and it would
not generate sufficient income.
7. Mr.C.Gangai Amaran argues that such an order violates his right to
practice profession under Article 19(1)(g) of the Constitution of India. I
disagree.
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8. No one is preventing the petitioner from carrying any trade or
business. By virtue of the rejection order, the petitioner has not been prevented
from commencing the business. A decision has been taken by the bank that it is
not willing to disburse the loan that has been sought by the petitioner. While
there is a fundamental right to carry on trade or profession, one cannot claim
that there is a fundamental right to carry on a trade with a bank loan. Banks are
experts when it comes to analyzing loan applications. This court does not have
the necessary expertise to sit on judgment over such decisions.
9. In the light of the above discussion, I find no reason to entertain this
writ petition. Hence, this writ petition is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
26.02.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
skn
To
1.The District Collector / The Chairman,
(Ministry of Food Proceeding Industries),
Office of the District Collector,
Dindigul District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 06:13:35 pm )
2.The Member / The General Manager,
Dindigul District Industries Centre,
SR Mills, SIDCO, Industries Estate,
Dindigul District – 624 003.
3.The Branch Mananger,
Canara Bank, Oddanchathiram Branch,
Oddanchathiram Town and Taluk,
Dindigul District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 06:13:35 pm )
V.LAKSHMINARAYANAN, J.
skn
Writ Petition(MD)No.5110 of 2025
and
26.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 06:13:35 pm )
