Kerala High Court
Intimate Multi Plast (P) Limited vs State Of Kerala on 10 June, 2025
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WP(C) NO.31473 OF 2018 2025:KER:45282
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(C) NO.31473 OF 2018
PETITIONERS:
1 INTIMATE MULTY PLAST (P) LIMITED,
KAROTHUKUDY HOUSE, MUDICKAL P.O.,
PALLIPURAM, PERUMBAVOOR PIN-683547,
REPRESENTED BY ITS MANAGING DIRECTOR K.I. AFSAL
2 K.I. AFSAL
AGED 34 YEARS, S/O. K.K. IBRAHIM,
KAROTHUKUDY, PALLIPURAM, MUDICKAL P.O.,
PERUMBAVOOR PIN-683 547
BY ADVS.
SRI.P.VISWANATHAN (SR.)
SRI.AJITH VISWANATHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001
2 STATE LEVEL COMMITTEE,
ENTREPRENEUR SUPPORT SCHEME,
REPRESENTED BY ITS DIRECTOR OF INDUSTRIES AND COMMERCE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
3 THE GENERAL MANAGER,
DISTRICT INDUSTRIES CENTRE, KUNNUMPURAM,
CIVIL STATION, ROAD, KAKKANAD, KOCHI - 682 030.
SRI E G GORDEN, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.06.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.31473 OF 2018 2025:KER:45282
JUDGMENT
The petitioner, a small-scale industry, has filed the captioned writ petition contending that though it was eligible for the Entrepreneur Support Scheme (ESS) under Ext.P5 for a maximum amount of Rs.30 lakhs, certain other subsidy received pursuant to Ext.P7 is reduced while fixing the eligibility under Ext.P5.
2. The petitioner, admittedly, has availed an amount of Rs.3 lakhs as startup support under Ext.P6 Government Order. It also availed an amount of Rs.15 lakhs under Ext.P7 Credit Linked Capital Subsidy Scheme (CLCSS) from the Government of India. It is thereafter that the petitioner sought for the ESS benefit from the State Government on the basis of Ext.P5. The maximum amount available under Part 3 of Ext.P5 was Rs.30 lakhs. The petitioner's entitlement under Ext.P5 came to be fixed as per Ext.P10 by the State Level 3 WP(C) NO.31473 OF 2018 2025:KER:45282 Committee, after reducing the support of Rs.3 lakhs, at Rs.27 lakhs. However, when the sanction letter at Ext.P11 was issued by the 3rd respondent, only an amount of Rs.12 lakhs was sanctioned towards ESS as against Rs.27 lakhs sanctioned as per Ext.P10 decision of the state level committee.
3. It is in the afore circumstances that the captioned writ petition is filed by the petitioner.
4. Heard Sri.Shibu Joseph, learned counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government Pleader for the respondent.
5. The short issue arising for consideration in this writ petition is as regards the deduction of an amount of Rs.15 lakhs CLCSS support received by the petitioner pursuant to Ext.P7, while disbursing the ESS sanctioned under Ext.P9.
6. It is the contention of the petitioner that there cannot not be any reduction of the CLCSS support insofar as 4 WP(C) NO.31473 OF 2018 2025:KER:45282 the scheme does not visualise such rejection. The learned counsel would also rely on Ext.P7 to show that the petitioner is not interdicted from availing other benefits/subsidies while availing CLCSS support.
7. However, this Court notices that under Clause 10 of Part 3 of Ext.P5 itself provided as under:
"10. Assistance to any unit which has already received any subsidy or grant earlier under other schemes, from other Government Agencies, any State owned financial institution shall be limited to the balance remaining eligible assistance payable under the Entrepreneur Support Scheme. For eg. any unit which has availed assistance from such agencies or statutory Boards like MPEDA, Spices Board, Rubber Board, local bodies, etc. will be eligible for assistance limited to the balance remaining eligible assistance payable under the Entrepreneur Support Scheme. However an industrial unit which availed Margin Money Loan from Industries Department is eligible for assistance under Entrepreneur Support Scheme. In case the unit had availed start up support earlier, only the balance remaining eligible assistance will be admitted to the unit."5
WP(C) NO.31473 OF 2018 2025:KER:45282 A reading of Clause 10 shows that in a case where a unit which has already received any subsidy or grant under other Schemes from other Government Agencies, State owned financial institutions, etc., the benefits shall be limited to the balance remaining available assistance under ESS. In the case at hand, the maximum eligible assistance under Clause 3 of Ext.P5 is Rs.30 lakhs, which was already sanctioned to the petitioner, as noticed earlier. However, insofar as the petitioner has already received Rs.15 lakhs under Ext.P7 from the Central Government under CLCSS, I am of the opinion that the rigour under Clause 10 is, in fact, attracted. In such circumstances, the reduction of Rs.15 lakhs already received under Ext.P7 from the eligible ESS, cannot be said to be incorrect or arbitrary.
8. Though the learned counsel for the petitioner would rely on Clauses 60 and 61 of Ext.P5 to show that the petitioner was permitted to seek benefits under other 6 WP(C) NO.31473 OF 2018 2025:KER:45282 schemes, I am of the opinion that Clause 10 is an independent limitation prescribed under the Scheme and hence the petitioner may not be entitled for the full disbursement of the eligible amount of Rs.30 lakhs.
9. In such circumstances, I am of the opinion that the findings contained in the impugned orders cannot be said to be incorrect or arbitrary.
Resultantly, this writ petition would stand dismissed.
Sd/-
HARISANKAR V. MENON JUDGE Skk//21.06.2025 7 WP(C) NO.31473 OF 2018 2025:KER:45282 APPENDIX OF WP(C) NO.31473 OF 2018 PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF CERTIFICATE OF INCORPORATION OF THE 1ST PETITIONER COMPANY.
EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE MEMORANDUM OF ASSOCIATION OF THE 1ST PETITIONER COMPANY.
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE ARTICLES OF ASSOCIATION OF THE 1ST PETITIONER COMPANY.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE SANCTION ORDER DATED 28.12.2012.
EXHIBIT P5 TRUE PHOTOCOPY OF THE ENTREPRENEUR SUPPORT SCHEME GUIDELINES.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF ORDER NO. B1/2351/15/15 DATED 07-07-2015.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE GUIDELINES OF THE CREDIT LINKED CAPITAL SUBSIDY SCHEME.
EXHIBIT P8 A TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 16-10-2015 BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 THE TRUE PHOTOSTAT COPY OF THE RECOMMENDATION LETTER NO. B1/901/16 DATED 18-07-2016 OBTAINED UNDER THE RTI ACT, ISSUED BY THE 3RD RESPONDENT. EXHIBIT P10 A PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE STATE LEVEL COMMITTEE ON ENTREPRENEUR SUPPORT SCHEME HELD ON 24-01-2017.
EXHIBIT P11 A TRUE PHOTOSTAT COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT, DATED 29.05.2017. 8 WP(C) NO.31473 OF 2018 2025:KER:45282 EXHIBIT P12 A TRUE PHOTOCOPY OF THE APPEAL DATED 14.06.2017. EXHIBIT P13 THE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING DATED 18.07.2018. EXHIBIT P14 TRUE PHOTOSTAT COPY OF G.O.(MS)NO. 2/2003/ID, DATED 02.02.2003.
EXHIBIT P15 TRUE PHOTOCOPY OF THE ORDER BEARING NO. G.O.(RT) NO. 1346/2006/ID, DATED 24.11.2006.