People'S Dairy Development Project Vs the Union of India

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

FRIDAY, THE 12^TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944

¶5

WP(C) NO. 17728 OF 2021

¶6

PETITIONER/S:

¶7

PEOPLE'S DAIRY DEVELOPMENT PROJECT REPRESENTED BY ITS AUTHORIZED SIGNATORY. MR.FR.THOMAS MANGATTU @ BINU CHACKO MANGATTU, CHAIRMAN, PDDP CENTRAL SOCIETY, KUTTILAKKARA, PIRAROOR P.O., KALADY VIA., ERNAKULAM DIST., PIN - 683 574, KERALA. BY ADVS. T.B.SHAJIMON GOVINDU P.RENUKADEVI

¶8

RESPONDENT/S:

¶9

1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF AGRICULTURE AND FARMERS WELFARE, KRISHI BHAWAN, NEW DELHI - 110 001.

¶10

2 THE JOINT SECRETARY RKVY DIVISION, MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE AND FARMERS WELFARE, KRISHI BHAVAN, NEW DELHI - 110 001.

¶11

3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN -695 001.

¶12

4 THE PRINCIPAL SECRETARY TO GOVERNMENT AGRICUTLURE (PPM-CELL) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

¶13

5 THE SECRETARY ANIMAL HUSBANDRY AND DAIRYING, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695 001.

¶14

6 THE DIRECTOR AND EX-OFFICIO ADDITIONAL SECRETARY AGRICULTURE (PPM-CELL) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

¶15

7 THE DIRECTOR DEPARTMENT OF ANIMAL HUSBANDRY, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM, PIN - 695 001.

¶16

8 THE DISTRICT ANIMAL HUSBANDRY OFFICER DISTRICT ANIMAL HUSBANDRY OFFICE, CLUB ROAD, ERNAKULAM, PIN - 682 011.

¶17

W.P.(C) No.17728 of 2021

¶18

-2-

¶19

9 THE DIRECTOR OF AGRICULTURE DIRECTORATE OF AGRICULTURE DEVELOPMENT CAMP, FARMERS WELFARE, THIRUVANANTHAPURAM, PIN - 695 001. 10 THE DIRECTOR DAIRY DEVELOPMENT DEPARTMENT, PATTOM, THIRUVANANTHAPURAM - 695 004. 11 DEPUTY DIRECTOR OFFICE OF THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, CIVIL STATION, KAKKANAD, KOCHI - 30. 12 THE SECRETARY MINISTRY OF FINANCE, NEW DELHI - 110 001. 13 THE SECRETARY AGRICULTURE (DAIRY DEVELOPMENT) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. BY ADVS. SUDHINKUMAR K., CGC SRI.S.VAIDYANATHAN, CGC SHRI.N.MANOJ KUMAR, STATE ATTORNEY SRI.P.G.PRAMOD, GOVERNMENT PLEADER

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2022, THE COURT ON THE SAME DAY DELIVERED THE

¶21

FOLLOWING:

¶22

W.P.(C) No.17728 of 2021

¶23

-3-

¶24

JUDGMENT

¶25

Dated this the 12^th day of August, 2022

¶26

The petitioner is a Society registered under

¶27

the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955. The Society was registered in 1983 and is an ISO 22000:2005 certified Dairy. The petitioner is into the business of collecting, processing and distributing milk and milk products on behalf of more than 200 societies administered by around 30,000 member farmers. During the year 2017, the Central Government introduced the Rashtriya Krishi Vikas Yojana – Remunerative Approaches For Agriculture and Allied Sectors Rejuvenation (RKVY-RAFTAAR), aimed at strengthening agriculture and allied sectors by providing financial aid and nurturing the system of business incubation. The petitioner submitted applications for availing benefits under the

¶28

W.P.(C) No.17728 of 2021

¶29

RKVY-RAFTAAR, claiming to be an establishment falling under the category 4.6 (iv) of the

¶30

Operational Guidelines issued by the first respondent. By Ext.P4 communication, the petitioner was informed that its application stands rejected.

¶31

assailed the rejection mainly on the ground that the decision is bad for lack of application of mind and failure to provide opportunity of hearing to the petitioner.

¶32

Heard the Government Pleader also.

¶33

contention that, at no point of time, the

¶34

petitioner was afforded an opportunity of hearing, so as to substantiate its claim for securing the benefits under the RKVY-RAFTAAR Scheme. On that ground alone, the rejection is

¶35

liable to be set aside.

¶36

In the result, the writ petition is disposed

¶37

W.P.(C) No.17728 of 2021

¶38

-5-

¶39

of, by directing respondents to reconsider the petitioner's application afresh, de hors the earlier rejection and take a reasoned decision thereon, after affording an opportunity of hearing and production of documents to the petitioner. The time and place of hearing shall be intimated to the petitioner in advance.

Sd/-

V.G.ARUN JUDGE

Scl/

W.P.(C) No.17728 of 2021

¶44

-6-

¶45

APPENDIX OF WP(C) 17728/2021

¶46

PETITION	ER EXHI	BITS
Exhibit	P1	A TRUE COPY OF REGISTRATION CERTIFICATE.
Exhibit	P2	THE PHOTOCOPY OF THE OPERATIONAL GUIDELINES 2017-18 TO 2019-20 ISSUED BY THE 1ST RESPONDENT.
Exhibit	P2A	THE APPLICATION TO THE RESPONDENTS FOR AVAILING THE BENEFITS FOR CATTLE FEED FACTORY DATED 14/5/2018.
Exhibit	P2B	THE PETITIONER MADE AN APPLICATION TO THE RESPONDENTS FOR AVAILING THE BENEFITS FOR 30 TPD SKIMMED MILK POWER PLANT AT ERNAKULAM DISTRICT DATED 22/05/2018.
Exhibit	P3	THE LATTER DATED 30/5/2018 SENT TO THE 5TH RESPONDENT.
Exhibit	P4	A TRUE COPY OF COMMUNICATION OF REJECTION ORDER ISSUED BY THE UNDER SECRETARY FOR THE SECRETARY DATED 25/03/2021.
Exhibit	P5	A TRUE COPY OF THE REVIEW PETITION DATED 19/04/2021.
Exhibit	P6	A TRUE COPY OF REJECTION ISSUED BY THE UNDER SECRETARY FOR THE SECRETARY DATED 5/05/2021.
Exhibit	P7	THE COPY OF THE REPRESENTATION GIVEN TO THE HON'BLE MINISTER OF THE 1ST RESPONDENT.

People'S Dairy Development Project v. the Union of India

Case brief

What is this about?

What did the court decide?

People'S Dairy Development Project v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Adv. a. M. Ariff Vs the Union of India

K.K.Sugathan Vs Punarjani Securities Limited

Dr.a.Ashokan Vs State of Kerala

Mohammed Ashraf Vs the Director, Kerala State It Mission and Akshaya

Dr.Sreedev T.S Vs State of Kerala

Cheerans Structurals, Vs Micro and Micro and Small Enterprises Facilitation Council