M/S.Deepam Textiles, v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.3105 of 2010 and MP.Nos.1 and 2 of 2010 1 M/S.DEEPAM TEXTILES REP. BY ITS PARTNER M.S.THANIHAI VELAN NO.163 VEERABADRA STREET V.O.C. PARK ROAD ERODE-638003.

2 R.MARAGATHAM PROP: SHRI SAKTHI TEXTILES REP. BY ITS PARTNER K.RAJENDRAN NO.621 EVN ROAD ERODE- 638001.

3 M/S. SRI RAJAGANAPATHY COTTON WEAVING FACTORY REP. BY ITS PARTNER V.SETTI KUMAR NO.1/530 SUBASH NAGAR 3RD STREET KATHERIPIRIVU KOMARAPALAYAM.

4 M/S.P.S.EXPORTS REP. BY ITS PARTNER R.PUSHPAM NO.491/17 BANK STAFF COLONY (BEHIND CENTRAL JAI) HASTAMPATTI SALEM-636007.

5 M/S. S.R.T. HI-TECH WEAVING REP. BY ITS PARTNER S.THAGARAJU M.P.THOTTAM ORUVAPATTI CHITHOOR POST EDAPPADI TALUK SALEM DISTRICT-637101.

6 M/S.SONY EXPORTS REP. BY ITS PARTNER T.P.VENKATACHALAM NO.70-A THATTANGKADU SANKARI (RS) POST SALEM DISTRICT.

7 D.VIJAYALAKSHMI PROP: VIJAYALAKSHMI RAPIER NO.15/1 SOUTH COLONY POONGODI MILL ROAD KOMARAPALAYAM- 638183.

8 M/S.SURYA & SHARMA RAPIER REP. BY ITS PARTNER P.MURUGAN NO.15/1 SOUTH COLONY POONGODI MILL ROAD KOMARAPALAYAM-638183.

9 R.BALA SUBRAMANIYAN PROP: M.G.K. RAJAN FABS NO.47 J.K.K. ROAD KOMARAPALAYAM NAMAKKAL DISTRICT-638183.

10 R.VENKATSAN PROP: JAYAM TEX NO.3/468 GANAPATHYPALAYAM OPP. J.K.K. NATARAJA COLLEGE VATTAMALAI POST KOMARAPALAYAM-638183.

11 M/S.NARSHALL WARPING CENTRE REP. BY PARTNER SELVARAJ NO.17/3A BHARATHI STREET AMMAN NAGAR KOMARAPALAYAM NAMAKKAL DISTRICT-638183.

12 M/S.THUGIIL REP. BY ITS PARTNER R.JAGADEESAN NO.1-46(1) ANBU ILLAM ODAKKATTUR POOLAMPATTI POST EDAPPADI TALUK SALEM DISTRICT-637107.

13 M/S.SRI MUHUNTHA TEX REP. BY ITS PARTNER S.JAGADEESH NO.20 C.H.

B COLONY STREET NO.1 TIRUCHENGODE NAMAKKAL-637211.

14 M/S.A.NANJAPPA TEXTILES REP. BY ITS PARTNER N.C.BHASKAR NO.15/2 SOUTH COLONY OLD POONGODI MILL ROAD KOMARAPALAYAM-638183.

15 ASWATH NARAYANA PROP: A.N.FABRICS NO.15/2 SOUTH COLONY OLD POONGODI MILL ROAD KOMARAPALAYAM-638183. 16 M/S.N.R.HI-TECH FABRICS REP. BY ITS PARTNER M.NALLA GOUNDER S/O.S.

MUTHU GOUNDER POOCHAMPATTI VADUGAPATTI POST SANKARI TALUK SALEM DISTRICT-637301.

17 M/S.N.K. HI-TECH FABRICS REP. BY ITS PARTNER K.RAVI S/O.S.KANDASAMY RAYER KADU THANGAYUR POST EDAPPADI TALUK SALEM DISTRICT.

18 M/S. SHRI SAKTHI HI-TECH FABRICS REP. BY ITS PARTNER N.AMSHAVEL PERIYAVETTUKARAR KADU AVARANGAMPALAYAM MAVELIPALAYAM POST SANKARI TALUK SALEM DISTRICT.

19 M/S. SUN STAR HI-TECH TEXTILES REP. BY ITS PARTNER A.THANGAMUTHU KALLUKATTIYUR METTUPATTARAI SANYASIPATTI POST SANKARI (WEST).

Vs.

1.Union of India Rep. by its Secretary Ministry of Textiles Room No.129, Udyog Bhawan New Delhi - 110 011.

2.Union of India Rep. by its Secretary Ministry of Finance New Delhi - 110 001.

3.Union of India Rep. by its Secretary Ministry of Commerce and Industry Room No.126-E, Udyog Bhawan, Rafi Marg New Delhi - 110 011.

4.The Comptroller and Auditor General of India Pocket - 9, Deen Days Upadhyaya Marg New Delhi - 110 124.

5.Joint Secretary Department of Expenditure Ministry of Finance Government of India (PF-II-P) Room No.161, North Block Udyog Bhawan, New Delhi - 110 011.

6.The Textile Commissioner The Chairman, Project Approval committee Cauvery Hi-Tech Weaving Park Post Bag No.11500 Mumbai - 400 020.

7.The Local Level Monitoring Committee Rep. by its Chairman Cauvery Hi-Tech Weaving Park NH-47, Salem Main Road, Valayakaranur Post, Komarapalayam Namakkal District.

8.The Reserve Bank of India Rep. by its Executive Director Central Office, Shaheed Bhagat Singh Road, Mumbai - 400 001.

9.The Senior Manager Canara Bank, Mettur Main Road, Bhavani, Erode District.

10.The Branch Manager, Corporation Bank, Post Box - 29 No.58, Gandhiji Road, Erode - 638 001.

11.The Branch Manager Corporation Bank, NH-47, Salem Main Road Valayakaranur Post, Komarapalayam Namakkal District.

12.Power Loom Development & Export Promotion Council Rep. by its Chairman Ge-2, Ground Floor, Gundecha Onclave Kherani Road, Saki Naka Andheri (East), Mumbai - 400 072.

13.The Executive Engineer Operation and Maintenance The Tamil Nadu Electricity Board, V.N.Palayam, Sankari, Salem District.

14.The Cauvery Hi-Tech Weaving Park Rep. by its Chairman, NH-47, Salem Main Road, Valayakaranur Post, Komarapalayam, Namakkal District.

15.The project Co-ordinator Cauvery Hi-Tech Weaving Park, No.222, NH-47, Salem Main Road, Valayakaranur Post, Komarapalayam, Namakkal District.

16.R.P.P.constructions Pvt.Ltd Rep. by its Director 102, Sheik Dawood Street, Erode - 638 001.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to directing the respondents 1 to 3 to forthwith take over the 14th respondent and ensure the provision of the facilities offered under the TCIDS, TUFS and GWSS as well as the Brochure sponsored by the 12th respondent, the Power Loom Development and Export Promotion Council, Mumbai. For Petitioners : Mr.S.Mukunth for M/s.Sarvabhauman Associates For R1 to R6 : Mr.Velayutham Pichaiya For R7,10 & 13 to 16 : No Appearance For R9 : Mr.V.Adhivarahan For R11 : Mr.S.Sethuraman For R12 : Mr.K.S.Jeyagaresan

O R D E R

The prayer made in this writ petition is to issue a mandamus directing the respondents 1 to 3 to forthwith take over the 14th respondent and ensure the provision of the facilities offered under the TCIDS, TUFS and GWSS as well as the Brochure sponsored by the 12th respondent.

2.When the matter was taken up for consideration, the learned counsel for the respondents 1 to 6 has drawn the attention of this Court to the averments made in the counter affidavit filed by the respondents 1 and 6, particularly, paragraphs 3 and 6, wherein, it has been averred as follows: "3. ...the petitioners herein are having their work sheds, already constructed under Group Work Shed Scheme of Government of India, in the Weaving Park, promoted by M/s.Cauvery HiTech Weaving Park, Komarapalayam, Namakkal District in Tamil Nadu (the respondent No.14 herein), which has also been provided assistance under the Textiles Centre Infrastructure Development Scheme (TCIDS) of Government of India, based on the project submitted by the Implementing Agency and duly approved by the Project Appraisal & Approval Committee. .... Primarily, these petitioners have grievances against the management of the said M/s.Cauvery Hi-Tech Weaving Park for not providing

appropriate infrastructure. A brief note on the Hi-Tech Weaving Park, interalia giving facts of the M/s.Cauvery Hi-Tech Weaving Park, is also enclosed at Annexure-III. It is also submitted that assistance under the TCIDS is provided on reimbursement basis as admissible under the Scheme on the expenditure incurred on various components and ratified by the State Level Implementation Committee constituted by the State Government. So far an amount of Rs.11,03,06,276/- has been released by the Government of India, Ministry of Textiles, New Delhi ( the first respondent herein) under the TCIDS to the said M/s.Cauvery Hi-Tech Weaving Park on the basis of the recommendation received from the Government of Tamil Nadu from time to time."

"6.It is further submitted that the petitioners have prayed before this Hon'ble Court to direct the respondents 1 to 3 to take over M/s.Cauvery Hi-Tech Weaving Park i.e., the 14th respondent herein. Under the TCIDS, the assistance is provided for infrastructure development and there is no provision in the Scheme to take over the infrastructure created with the assistance thereunder."

3.In the light of the averments so made in the counter affidavit filed by the respondents 1 and 6, this Court is of the opinion that no further order is required in this writ petition. Hence, the writ petition stands closed. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rk To 1.The Secretary, Union of India Ministry of Textiles Room No.129, Udyog Bhawan New Delhi - 110 011.

2.The Secretary, Union of India Ministry of Finance New Delhi - 110 001.

3.The Secretary, Union of India Ministry of Commerce and Industry Room No.126-E, Udyog Bhawan, Rafi Marg New Delhi - 110 011.

4.The Comptroller and Auditor General of India Pocket - 9, Deen Days Upadhyaya Marg New Delhi - 110 124.

5.Joint Secretary Department of Expenditure Ministry of Finance Government of India (PF-II-P) Room No.161, North Block Udyog Bhawan, New Delhi - 110 011.

6.The Textile Commissioner The Chairman, Project Approval committee Cauvery Hi-Tech Weaving Park Post Bag No.11500 Mumbai - 400 020.

7.The Local Level Monitoring Committee Rep. by its Chairman Cauvery Hi-Tech Weaving Park NH-47, Salem Main Road, Valayakaranur Post, Komarapalayam Namakkal District.

8.The Executive Engineer Operation and Maintenance The Tamil Nadu Electricity Board, V.N.Palayam, Sankari, Salem District.

+1cc to Mr.K.S.Jeya Ganeshan, Advocate, S.R.No. 39794 +1cc to Mr.S.Sethuraman, Advocate, S.R.No. 39637 +1cc to Mr.K.Sumathi, Advocate SR.No.39066 +1cc to Mr.T.L.Thirumalaisamy, Advocate, S.R.No. 39070 +1cc to Mr.Sarvabhauman Associates, Advocate, S.R.No. 39061 W.P.No.3105 of 2010 CNR(CO) GN(24/09/2018)