High Court Kerala High Court

Balakrishnan P.V. vs The Chief Executive Officer on 15 June, 2009

Kerala High Court
Balakrishnan P.V. vs The Chief Executive Officer on 15 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35570 of 2007(H)


1. BALAKRISHNAN P.V., S/O. LATE APPU,
                      ...  Petitioner
2. P.V. BIJU, S/O. BALAKRISHNAN,

                        Vs



1. THE CHIEF EXECUTIVE OFFICER,
                       ...       Respondent

2. THE STATE DIRECTOR,

3. THE BRANCH MANAGER,

                For Petitioner  :SRI.SRINATH GIRISH

                For Respondent  :SRI.P.N.PURUSHOTHAMA KAIMAL

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :15/06/2009

 O R D E R
                            S. SIRI JAGAN, J.
                -------------------------------------------------
                     W.P.(C)No. 35570 OF 2007
                -------------------------------------------------
                Dated this the 15th day of June, 2009


                                JUDGMENT

The petitioners are father and son. According to them, they

have started two different businesses in two separate premises by

availing of two separate loans from a bank. Thereafter they applied

to the 1st respondent for interest subsidies for the two industries as

per a scheme framed by the 1st respondent for the purpose of

payment of interest subsidy to entrepreneurs. Subsequently, on the

ground that the petitioners together are running only one business, a

notice has been issued to the 2nd petitioner by the 1st respondent

informing him that they had received a letter from the Khadi and

Village Industries Commission to recover the margin money of

Rs.3 lakhs paid to the 2nd petitioner. Although both petitioners filed

suit, namely, OS Nos.64/07 and 65/07 before the Sub Court,

Kozhikode against the decree and those suits happened to be

dismissed for non-payment of balance court fees. Subsequently,

Ext.P1 direction has been issued to the bank directing refund of the

margin money received in respect of the petitioners. Petitioners are

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challenging Ext.P1 and Ext.P2 Circular, whereby it is clarified that

more than one project by a single beneficiary under the scheme is

not to be permitted and that payment of subsidy to more than one

person pertaining to a single family also is not permissible.

Petitioners’ contention is that petitioners are separate individuals,

although father and son, conducting separate businesses availing of

separate loans from the bank. The petitioners therefore seek the

following reliefs:

“i. to call for the records leading up to Exhibit P2 and to
quash Exhibits P1 and P2 by the issuance of a writ of certiorari or

any other appropriate order or direction.

ii. to stay or suspend the operation of Exts.P1 and P2 by

directing the respondents not to act upon them.

iii. to issue such other writ, order or direction as may be

prayed for and which this Hon’ble Court deems fit to grant under

the circumstances of the case.”

2. A counter affidavit has been filed by respondents 1 and 2,

wherein it is contended that the petitioners suppressed facts and

availed benefits, which they were not eligible for and hence steps

were taken to recover the benefits given to them. According to them,

although the petitioners proposed two units and make it appear as if

there are separate units, availing of margin money for two units, it

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was found out by respondents that the same were not correct.

According to the respondents, petitioners together are running only

one business. Respondents 1 and 2 therefore would contend that

the petitioners are not entitled to the relief prayed for.

3. I have considered the rival contentions in detail. For

granting relief to the petitioners, I have to enter a finding to the effect

that the petitioners are running two separate businesses. The

petitioners have not produced any documents or evidence in support

of their contentions. As such ascertainment of those facts involve

proving facts on evidence which cannot ordinarily be done in a writ

petition. In fact in respect of the same relief, the petitioners had filed

suits before appropriate civil court, which have been dismissed,

admittedly, for nonpayment of balance court fees. In such

circumstances, I am not inclined to exercise my discretionary

jurisdiction in favour of the petitioners and accordingly the writ

petition is dismissed.

S. SIRI JAGAN, JUDGE
ttb

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