Kerala High Court
T. Surendran vs The Union Of India on 2 June, 2017
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939
WP(C).No. 14528 of 2012 (M)
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PETITIONER(S):
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1. T. SURENDRAN,
S/O KANNAN,AGED 53 YEARS, DRIVER,
RESIDING AT KUNNUMCHALIL HOUSE,P.O.PALAYAD, THALASSERY,
KANNUR DISTRICT-670661.
2. C.V. SAJEEVAN,
S/O. GOVINDAN,AGED 47 YEARS, DRIVER, RESIDING AT
MOOTHODI HOUSE, P.O. VADAKKUMBAD, THALASSERY,
KANNUR DISTRICT-670109.
3. P.KESAVAN,
S/O PARAMESWARN,AGED 57 YEARS, DRIVER RESIDING AT
GANAPATHI MADAM, THIRUVANGAD, THALASSERY,
KANNUR DISTRICT-670103.
4. MANEESH M.
S/O MADHAVAN,AGED 36 YEARS, DRIVER RESIDING AT
PALLITHAZHA HOUSE, UMMANCHIRA P.O. THALASERY,
KANNUR DISTRICT-670649.
5. VINOD KUMAR A.,
S/O ANDY,AGED 41 YEARS, DRIVER, RESIDING AT KOTTARATHIL
HOUSE, P.O.PERUNTHATTIL, THALASSERY,
KANNUR DISTRICT-670107.
6. T.BALAKRISHNAN,
S/O. NARAYANAN NAMBEESAN,AGED 58 YEARS, DRIVER,
RESIDING AT THEKKEMADAM, KADIRUR P.O., THALASSERY,
KANNUR DISTRICT-670642.
7. E.VINOBA,
S/O CHATHUKUTTY,AGED 56 YEARS, DRIVER,
RESIDING AT 'SARAYU', CHITTARIPARAMBA P.O., THALASSERY,
KANNUR DISTRICT 670650.
8. K.SHAJEEV KUMAR,
S/O KRISHNAN,AGED 47 YEARS, DRIVER, RESIDING AT KAYYALE
HOUSE,NETTUR P.O., THALASSERY, KANNUR DISTRICT.670105.
9. SURESH P.O.,
S/O KUMARAN,AGED 49 YEARS, DRIVER, RESIDING AT
PUTHIYAPURAYIL HOUSE, P.O.KADIRUR, THALASSERY,
KANNUR DISTRICT 670642.
WP(C).No. 14528 of 2012 (M)
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10. PRASANTH P.,
S/O KANNAN,AGED 39 YEARS, DRIVER RESIDING AT PARAYIL
HOUSE, P.O.KARIMBAM, TALIPARAMBA,
KANNUR DISTRICT.670142.
11.P.P. SIYAD,
S/O ABDU,AGED 35 YEARS, DRIVER, RESIDING AT POYYAKKAL
PUTHIYAPURAYIL HOUSE, KARIMBAM P.O. TALIPARAMBA,
KANNUR DISTRICT-670142.
12.SHAJI VALAPPILAKANDY,
S/O CHANDUKUTTY,AGED 41 YEARS, DRIVER, RESIDING AT
MANDORIMMAL HOUSE, MELUR P.O., THALASSERY,
KANNUR DISTRICT-670661.
13.PRADEEP P.K.,
S/O KANARI,AGED 38 YEARS, DRIVER, RESIDING AT
PADIKKALATTY HOUSE, P.O. ERANHOLI, THALASSERY,
KANNUR DISTRICT-670107.
14.PURUSHOTHAMAN P.,
S/O KRISHNAN,AGED 56 YEARS, DRIVER RESIDING AT
PUTHIYANDI KUNIYIL HOUSE, P.O. PONNIAM WEST, THALASSERY,
KANNUR DISTRICT.670107.
15.P.P. SAJITH,
S/O GOVINDAN,AGED 42 YEARS, DRIVER, RESIDING AT K.G.
NIVAS, P.O.DHARMADAM, THALASSERY,
KANNUR DISTRICT 670106.
16.M.SREEJITH,
S/O KARUNAKARAN,AGED 39 YEARS, DRIVER, RESIDING AT
ANNENTVIDA HOUSE,P.O. DHARMADAM, THALASSERY,
KANNUR DISTRICT.670106.
17.PURUSHU KURUVAIKANDY,
S/O GOPALAN,AGED 46 YEARS, DRIVER, RESIDING AT KUNIYIL
HOUSE, P.O. VADAKKUMBAD, THALASSERY,
KANNUR DISTRICT.670109.
18.N.C. PRAVEEN,
S/O RAGHAVAN,AGED 42 YEARS, DRIVER, RESIDING AT, 11/411,
CHALLAYIL VEEDU, P.O. PARAPRAM, PINARAYI, THALASSERY,
KANNUR DISTRICT 670741.
19.M.RAJAN,
S/O SANKARAN,AGED 57 YEARS, DRIVER, RESIDING AT
'SREYAS', P.O. PERUNTHATTIL, ERANHOLI, THALASSERY,
KANNUR DISTRICT 670107.
20.SHYNI M,
W/O LATE RANJITH KUMAR,AGED 37 YEARS, NO OCCUPATION,
RESIDING AT MEETHALE PURAYATH HOUSE, P.O. NETTUR,
THALASSERY, KANNUR DISTRICT 670107.
21.O.BIJU,
S/O RAJAN,AGED 36 YEARS, DRIVER, RESIDING AT MANLI
HOUSE,P.O. VADAKKUMBAD, THALASSERY,
KANNUR DISTRICT.670109.
WP(C).No. 14528 of 2012 (M)
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22.M.VINOD,
S/O NANU,AGED 48 YEARS, DRIVER, RESIDING AT MEENU NIVAS,
WEST PONNIAM P.O., THALASSERY, KANNUR DISTRICT-670107.
23.P.C. SREELAL,
S/O SOMAN,AGED 37 YEARS, DRIVER, RESIDING AT PUTHIYA
CHELLATH HOUSE, CHONADAM, ERANHOLI P.O., THALASSERY,
KANNUR DISTRICT. 670107.
BY ADV. SRI.R.SURENDRAN
RESPONDENT(S):
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1. THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES,
UDYOG BHAVAN, NEW DELHI-110007.
2. THE PROJECT OFFICER,
DISTRICT KHADI & VILLAGE INDUSTRIES OFFICE,
KANNUR.
3. THE SECRETARY,
KERALA KHADI & VILLAGE INDUSTRIES BOAD,
THIRUVANANTHAPURAM.
4. THE COMMISSIONER,
KERALA KHADI & VILLAGE INDUSTRIES BOARD,
THIRUVANANTHAPURAM.
* 5. THE DIRECTOR,
DIRECTORATE OF RURAL EMPLOYMENT GENERATION PROGRAMME,
THIRUVANANTHAPURAM. [DELETED]
* R5 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE
PETITIONER IN IA.7915/17 IN WP(C).14528/2012
DATED 02/06/2017.
6. STATE DIRECTOR,
KHADI & VILLAGE INDUSTRIES COMMISSION,
STATE OFFICE (KERALA), M.G. ROAD,
THIRUVANANTHAPURAM, PIN-695001.
R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R2 TO R4 & R6 BY ADVS. SRI.TOM K.THOMAS, SC
SRI.M.SHARAFUDHEEN, SC,
SRI.R.S.HARI KUMAR ,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05-12-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 14528 of 2012 (M)
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APPENDIX
PETITIONERS EXHIBITS:
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P1: TRUE COPY OF THE CIRCULAR NO REGO/EFC/M-211/2002-03
DATED 14.11.2002 ISSUED BY THE CHIEF EXECUTED OFFICER OF THE
KHADI AND VILLAGE INDUSTRIES COMMISSION.
P2: TRUE COPY OF THE JUDGMENT DATED 21.11.2007 IN WPC NO 21871 OF
2005 OF THE FILE OF HONOURABLE HIGH COURT OF KERALA.
P3: TRUE COPY OF THE ORDER DATED 31.1.2008 ISSUED BY THE 6TH
RESPONDENT.
P4; TRUE COPY OF THE REPLY DATED 9.5.2008 ISSUED BY THE SECOND
RESPONDENT.
RESPONDENTS EXHIBITS: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
A. MUHAMED MUSTAQUE, J.
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W.P. (C) No.14528 of 2012
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Dated this the 5th day of December, 2017
J U D G M E N T
The petitioners purchased autorickshaws for operating in rural areas. As per the Rural Employment Generation Scheme under the Gramodyog Rojgar Yojana, rural transport was originally included for financial benefit given in the mode of subsidy (margin money). This was discontinued as per the circular dated 14.11.2002 as evident from Ext.P1.
2. The petitioners who have purchased autorickshaws prior to 14.11.2002 approached the 6th respondent for availing the benefit under the scheme. On account of non consideration of their request, the petitioners approached this Court by W.P.(C) No.21871 of 2005. This Court disposed of the writ petition directing the 6th respondent to consider the application. The application has been rejected by Ext.P3 stating that based on the circular dated 14.11.2002, autorickshaws are included in the Negative List and therefore, the petitioners cannot be given any W.P.(C) No.14528/2012 2 benefit under the scheme.
3. It is to be noted that as per Ext.P1, it has been decided to include autorickshaws in the Negative List only with effect from 01.12.2002. Therefore, all the persons who have purchased autorickshaws prior to 01.12.2002 are entitled for the benefit of margin money. If that be so, the impugned order is only to be set aside.
Accordingly, this writ petition is allowed setting aside the impugned order. The 6th respondent is directed to disburse margin money on being satisfied that the petitioners have purchased autorickshaws prior to 01.12.2002. Needful shall be done within a period of three months.
Sd/-
A. MUHAMED MUSTAQUE JUDGE smp