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K.C.Pushparajan

High Court Of Kerala|28 October, 2014
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JUDGMENT / ORDER

Petitioner approached this Court on account of forfeiture of margin money of petitioner's loan which was originally granted by Ext.P1 proceeding. Petitioner seeks disbursal of margin money in this Writ Petition.
2. Learned counsel for the 4th respondent points out to Ext.R3(a) Rural Employment Generation Programme Gramodyog Rojgar Yojana scheme. According to the learned counsel, margin money assistance would be available only for the new projects sanctioned specifically under the Rural Employment Generation Programme Gramodyog Rojgar Yojana scheme. Existing units are not eligible under the Scheme.
3. Petitioner submits that he had purchased new machineries vide Exts.P9 and P10 and started oil extraction unit. Petitioner submits that for the purpose of this scheme, his unit is eligible. Therefore, petitioner submits that he is entitled to margin money and forfeiture of margin money which was granted to him by Ext.P1 is illegal. Petitioner also relies on Ext.P2 recommendation.
W.P(C).No.14389 of 2011 W 2
4. It seems margin money allotted to the petitioner has been later forfeited and revenue recovery proceedings were initiated against the petitioner. As per the proceedings dated 15.05.2003, the Director of the Scheme ordered to forfeit the margin money on the ground that the unit is not a new one. However, petitioner's case is that he has installed new machineries as evidenced by Ext.P9 and P10. This Court is of the view the petitioners shall establish his case by placing relevant materials before the 3rd respondent. For that, petitioner shall produce electricity bill and license for the above period before the 3rd respondent and 4th respondent. If the petitioner's claim is found genuine and the petitioner is able to substantiate his claim with relevant material records, necessary decision shall be taken to provide margin money to the petitioner by respondents 3 and 4. If the petitioner is found eligible for the amount, the amount shall be paid to the petitioner within a period of two months.
The Writ Petition is disposed of as above.
Sd/-
Sbna/28/10/14 A.MUHAMED MUSTAQUE, JUDGE.
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Title

K.C.Pushparajan

Court

High Court Of Kerala

JudgmentDate
28 October, 2014
Judges
  • A V Ramakrishna Pillai
Advocates
  • K M Kurian Sri