Dismissed

Chithralekha v. Director of Industries & Commerce

Kerala HC1 Feb 2013WP(C)/28696/2005

Case brief

AI extract

What is this about?

Petitioner sought direction for disbursement of sanctioned industrial assistances. Court directed petitioner to apply to concerned District Panchayat as scheme had been transferred, mandating disbursal within three months of application.

What did the court decide?

Petitioner directed to apply before concerned District Panchayat for disbursement of amounts within three months.

Chithralekha Vs Director of Industries… — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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FRIDAY, THE 1ST DAY OF FEBRUARY 2013/12TH MAGHA 1934

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WP(C).No. 28696 of 2005 (N)

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PETITIONER:

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CHITHRALEKHA, KIDANGIL VEEDU, NEERAVIL, PERINADU P.O, ANCHALUMOODU, KOLLAM.

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BY ADVS.SRI.B.KRISHNA MANI, SRI.RAHUL VENUGOPAL, SMT.S.SIBHA.

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RESPONDENTS:

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1. THE DIRECTOR OF INDUSTRIES & COMMERCE, THIRUVANANTHAPURAM.

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2. THE GENERAL MANAGER, DISTRICT INDUSTRIES, KOLLAM.

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BY GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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W.P.(C). NO.28696/2005-N:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P.1: COPY OF THE PERMANENT REGISTRATION CERTIFICATE.

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EXT.P.2: COPY OF THE PROJECT REPORT DTD. 08/10/2001.

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EXT.P.3: COPY OF THE CERTIFICATE OF VALUATION DTD. 26/12/2001 ISSUED BY THE CHARTERED ACCOUNTANT.

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EXT.P.4: COPY OF THE ORDER DTD. 14/05/2002 PASSED BY THE GENERAL MANAGER, DISTRICT INDUSTRY CENTRE, KOLLAM.

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EXT.P.5: COPY OF THE ORDER DTD. 05/07/2002 PASSED BY THE R.2.

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EXT.P.6: COPY OF THE ORDER DTD. 08/10/2002 PASSED BY THE R.2.

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EXT.P.7: COPY OF THE REPRESENTATION DTD. 14/08/2005 FILED BEFORE THE R.2.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE

Prv.

B.P. RAY, J.

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Dated this the 1^st day of February, 2013.

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JUDGMENT

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Heard both sides.

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The petitioner has filed this writ petition seeking a direction to the respondents to disburse the amount mentioned in Exts.P5 and P6 to the petitioner forthwith.

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Counter affidavit has been filed by the 2^nd respondent stating that since the scheme has been transferred to the District Panchayat, the amount has to be disbursed by the District Panchayat. Paragraph 4 of the counter affidavit reads as follows:

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“The petitioner unit had applied for 50% machine grant under WIP. As per order No.K8/438/2002 dated 14.05.2002 of the General Manager, District Industries Centre, an amount of Rs.29,500/- was sanctioned to the petitioner unit as 50% machinery grant, and the same was disbursed to the unit on 27.07.2002. The petitioner had subsequently applied for additional machinery grant and building grant. The 2^nd respondent had sanctioned an amount of Rs.47,500/- as building grant as per Ext.P5 order and sanctioned an additional machinery grant of Rs.3000/- by Ext.P6 order. In the mean time the scheme for sanction and disbursement of grant assistance to women entrepreneurs under WIP was transferred to District Panchayat vide G.O.(MS) 183/97/ID dated 09.12.1997. Accordingly, the amount has to be disbursed by the District Panchayat. It is understood that the District Panchayat has not disbursed the

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W.P.(C) No.28696/2005

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-:2:-

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amount so far due to certain technical reasons.”

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In that view of the matter, the petitioner is directed to make an application before the concerned District Panchayat for getting the amount as per Exts.P5 and P6. If such an application is filed before the concerned District Panchayat along with a copy of this judgment, the amount shall be disbursed to the petitioner in accordance with law within three months from the date of making the application.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No.28696/2005 -:3:-

Chithralekha v. Director of Industries & Commerce

Case brief

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Chithralekha v. Director of Industries & Commerce

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