Writ appeal against judgment directing margin money release dismissed as appeal filed after implementation and excessive delay; issues left open.
Instant writ appeal dismissed; issues raised left open for future decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W. A. No. 894 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944
WA NO. 894 OF 2018
AGAINST THE JUDGMENT WPC 34497/2010 OF HIGH COURT OF KERALA
APPELLANT/S:
STATE DIRECTOR,
KHADI AND VILLAGE INDUSTRIES COMMISSION,
GRAMODAYA, M.G ROAD, AYURVEDA COLLAGE JUNCTION,
THIRUVANANTHAPURAM 695 001.
BY ADV SRI.LEGY ABRAHAM
RESPONDENT/S:
1 SMT.EMILY JOSEPH, W/O. JOSEPH C.J, CHAKKALAYIL, KODIKULAM, IDIKKI DISTRICT 685 582.2 KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REP. BY ITS SECRETARY, VANCHIYOOR, THIRUVANANTHAPURAM 695 035.3 THE PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES BOARD, THODUPUZHA, IDUKKI 685 584.4 THE SECRETARY, THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, THODUPUZHA, IDUKKI 685 584.5 THE MANAGER, IDUKKI DISTRICT CO-OPERATIVE BANK,UDUMBANNUR, IDUKKI 685 595.BY ADVS.
SMT.SHEMEENA SALAHUDHEEN
SRI.P.V.BABY
SRI.P.C.SASIDHARAN, SC, IDUKKI DISTRICT
CO.OPERATIVE BANK
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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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J U D G M E N T
S. Manikumar, C. J.
Before the writ court, Ms. Emily Joseph, the 1st respondent herein, sought for the following reliefs:-
“i) To call the records leading to Ext P9, P15 and P17 and to issue a Writ of Certiorari or any other Writ or order or direction to quash the same;
ii) To declare that the petitioner is eligible for the Margin money sanctioned as per Exhibit P3 and get the amount released to her;
iii) To issue a Writ of Mandamus or any other Writ or order or direction to the first, and second respondents to take immediate steps to re-deposit the amount that has been recalled and withdrawn as per Exhibit P17 or to disburse the amount withdrawn from 4th respondent to the petitioner along with interest at the rate as payable by 4th respondent till the date of payment.”
under:-
2.1. Writ petitioner / 1st respondent, who is running a small scale
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electronic industry of manufacturing tapping lights, hunting lights, step ups etc. under the Kerala Khadi and Village Industries Board, is deeply aggrieved by the recalling and withdrawal of the margin money that was sanctioned and deposited in the year 1998 in the joint account of the petitioner and the Project Officer, District Khadi and Village Industries Board, Thodupuzha, the 3rd respondent herein. The reason stated for such recalling is that the petitioner has been granted loan under this scheme prior to the recommendation of the 3rd respondent.
2.2. Petitioner has submitted that it is quite evident from the documents produced that it is after due consultation with the Secretary, Kerala Khadi and Village Industries Board, Thiruvananthapuram, and the Project Officer, District Khadi and Village Industries Board, Thodupuzha, respondents 2 and 3 respectively, the petitioner has been granted loan, and the benefit of margin money subsidy granted to her as per Ext. P3 proceedings dated 14.07.1998. All the conditions stipulated in Ext. P3 have been satisfied by the petitioner, and after 12 years of sanctioning the amount, it has been recalled, without notice to the petitioner.
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judgment dated 03.01.2018 in W. P. (C) No. 34497 of 2010, allowed the writ petition, as under:-
“3. Per se I can say that this rejection is illegal in as much as without revoking the sanction, the claim for release could not have been rejected. Once margin money is ordered to be released, without revising such order, the Board could not have refused release of the margin money when the term is completed making the entrepreneur eligible for such margin money. However what looms charge in the case is that delay involved in the matter. Petitioner approached this Court only in 2010. By that time, invoking the lien, the Project Officer obtained fixed deposit and appears to have transmitted to the Khadi and Village Industries Commission, the additional 5th respondent. According to the Board, they are only an agency and they have no role.
This Court is of the view that if the 5th respondent had received the money back, they shall release the same to the Board. This shall be done within a period of two months or the
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Commission is of the view that they have not received back the money, they shall intimate the same to the petitioner as well as the Board. Based on such decision of the Commission, certainly the Board shall release the amount to the petitioner within a period of one month. If the Commission received back the amount of money, on receipt, it shall be returned to the Board within the aforesaid period and on receipt of the same, the Board shall release the amount to the petitioner without any delay. It is made clear that the entire amount received from the bank shall be released to the petitioner.
The writ petition is allowed and disposed of as above. No costs.”
inter alia contending that the writ court did not apply the mind properly in deciding the delay in filing the above writ petition. The matter in dispute has arisen in the year 2003. The 1st respondent / petitioner has filed the writ petition only in the year 2010, after a lapse of 7 years. These facts were not considered by the writ court, at the time of hearing.
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KKVIB's District Office, and therefore, she is not eligible for margin money under REGP Scheme.
Legy Abraham, learned counsel for the appellant, sought for a short
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adjournment, Ms. Shameena Salahudheen, learned counsel for the 1st respondent, submitted that the judgment dated 03.01.2018 in W. P. (C) No. 34497 of 2010, has been implemented, and that on 14.02.2019, a sum of Rs. 77,099/-, being the margin money, has already been released to the 1st respondent.
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Accordingly, instant writ appeal is dismissed. However, issues
raised in the writ appeal are left open, to be decided in appropriate
case.
Sd/S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
State Director, Khadi and Village Industries Commission
Smt. Emily Joseph
Kerala Khadi and Village Industries Board
The Project Officer, District Khadi and Village Industries Board, Thodupuzha
The Secretary, Thodupuzha Primary Co-Operative Agricultural and Rural Development Bank
The Manager, Idukki District Co-Operative Bank
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court