Kerala High Court
Sealand Marines Private Limited vs Union Of India on 9 November, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
WP(C).No.18157 OF 2020(T)
PETITIONER:
SEALAND MARINES PRIVATE LIMITED
KIZHAKKAMBALAM, ALUVA, KERALA-683562,
REPRESENTED BY ITS MANAGING DIRECTOR,
BOBY M.JACOB.
BY ADVS.
SRI.BLAZE K.JOSE
SMT.URMILA ZACHARIA
SHRI.JUDY JOSE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY,
MINISTRY OF FOOD PROCESSING INDUSTRIES,
PANCHSHEEL BHAVAN, AUGUST KRANTI MARG,
NEW DELHI-110049.
2 INTER-MINISTERIAL APPROVAL COMMITTEE,
MINISTRY OF FOOD PROCESSING INDUSTRIES,
PANCHSHEEL BHAWAN, AUGUST KRANTI MARG,
NEW DELHI-110049, REPRESENTED BY ITS CHAIRMAN.
BY SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18157 OF 2020(T)
2
J U D G M E N T
Petitioner is aggrieved by the denial of the benefit of Central Sector Scheme CEFPPC of Pradhan Mantri Kisan Sampada Yojana (PMKSY) for the period 2019-2020. He had also a complaint that information regarding the hearing on appeal was received only after the date on which hearing was fixed.
2. Respondents have filed a counter affidavit stating that petitioner was not eligible for the benefit of the Scheme. At the same time, petitioner has filed a reply affidavit.
3. However, the learned CGC on instructions submitted that as at present there is another Scheme which is floated by the Central Government and it will be in force upto 30.11.2020, petitioner would be free to submit his expression of interest.
Therefore the writ petition is disposed of making WP(C).No.18157 OF 2020(T) 3 it clear that petitioner would be free to submit the expression of interest in respect of the new Scheme, which would be in force till 30.11.2020. The respondents shall consider the case of the petitioner dehors the decision taken on his application which is covered this writ petition.
Sd/-
P.V.ASHA, JUDGE AS WP(C).No.18157 OF 2020(T) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE MODIFIED OPERATIONAL GUIDELINES FOR THE SCHEME FOR CREATION/EXPANSION OF FOOD PROCESSING AND PRESERVATIVES CAPACITIES (CEFPPC) OF PRADHAN MANTRI KISAN SAMPADA YOJANA (PMKSY) DATED 19.09.2019.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 14.03.2019 SUBMITTED ONLINE BY THE PETITIONER.
EXHIBIT P3 A TRUE HARD COPY OF THE APPLICATION DATED 16.03.2019 SENT TO THE 1ST RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE EMAIL DATED 18.09.2019 AT 4.35 PM FROM THE 1ST RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE ATTACHMENT OF FILE NO.CE-13011/5/2018-CEFPPC. EXHIBIT P6 A TRUE COPY OF THE SUPPLEMENTARY NOTE OF THE INDIAN BANK TO THE AGM/BM DATED 23.09.2019.
EXHIBIT P7 A TRUE COPY OF THE EMAIL DATED 22.06.2019 BY THE PETITIONER TO 1ST RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE LETTER FROM THE ASSISTANT GENERAL MANAGER, INDIAN BANK, NO.IB EKM/SEALAND/2019-20 DATED 30.09.2019 TO THE 1ST RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 04.10.2019 SUBMITTED TO THE 1ST AND 2ND RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE VALUATION CERTIFICATE BY A CHARTERED ENGINEER. WP(C).No.18157 OF 2020(T) 5 EXHIBIT P11 A TRUE COPY OF THE CHARTERED ACCOUNTANT CERTIFICATE.
EXHIBIT P12 A TRUE COPY OF THE LIST OF ADDITIONAL PLANT AND MACHINERY SUBMITTED ALONG WITH EXHIBIT P9.
EXHIBIT P13 A TRUE COPY OF THE LIST OF ADDITIONAL TECHNICAL CIVIL WORK SUBMITTED ALONG WITH EXHIBIT P9.
RESPONDENTS' EXHIBITS:
ANN.R1(A) TRUE COPY OF THE RELEVANT PORTION OF THE TECHNICAL COMMITTEE MINUTES HELD ON 14.05.2019.
ANN.R1(B) TRUE COPY OF THE RELEVANT EXTRACT OF BANK APPRAISAL NOTE PRODUCED BY THE PETITIONER ANN.R1(C) TRUE COPY OF THE PROJECT MANAGEMENT AGENCY ASSESSMENT REPORT.