M/S.Hitech Pole v. The Government Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.Hitech Pole, Rep. By its Proprietor - R.Bhavani, A-19, Rural Industrial Estate, Kattupakkam, Bahoor Commune, Puducherry 605 009 ... Petitioner Vs.
1.The Government of Puducherry, Rep.by Industrial Secretary, Secretariat of Puducherry, Puducherry 2.The Director, Directorate of Industries & Commerce, Puducherry ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay the remaining 45% sanctioned subsidy of Rs.11,29,548/- with interest to the petitioner within a stipulated period as fixed by this Court. For Petitioner : M/s.S.Akila For Respondents : Mr.R.Sreedhar, Additional Government Pleader 1/6
ORDER
This writ petition has been filed for direction to the respondents to pay the remaining 45% of the sanctioned subsidy of Rs.11,29,548/-.
2.
The petitioner is the manufacturer of High Mast Lights, Mini Mast Lights, Holding Mast, Street Lights, Garden Lights, Road side Dividers, Direction Sign Boards, Bus Shelters, Traffic Signals, Solar Energy System, Energy Saving Lighting. The petitioner is being women entrepreneur under the Women Entrepreneur Scheme, availed loan of Rs.70,00,000/- through Indian Bank, Mettupalayam Branch and also availed over draft facility to the tune of Rs.19,00,000/- during the year 2013. After availing the loan, the petitioner had purchased new machineries and she is running the business. Under the SSI Women Entrepreneurs Scheme introduced by the Government of Puducherry, the petitioner is entitled to get 25% of industrial capital subsidy. Therefore, the petitioner submitted representation and the respondents inspected the factory and sanctioned a sum of Rs.6,85,000/- on 09.09.2016 and a sum of Rs.6,85,452/- on 27.09.2016. The balance amount of subsidy of 2/6
Rs.11,29,548/- has to be paid by the respondents. However, the respondents failed to disburse the said amount due to covid 19. 3.
On perusal of the order passed by the first respondent dated 16.06.2016, revealed that the subsidy amount is payable to Indian Bank from where the petitioner availed loan. The grant of 15% capital investment subsidy to the petitioner is as recommended by the State Level Committee and subject to the conditions as prescribed in GO.Ms.No.2/2012-Ind.A dated 07.05.2012 issued by the Department of Industrial Development (Industries and Commerce), Puducherry. Further, the release of subsidy is subject to inspection of the unit by the official of the Department of Industries and Commerce, Puducherry to ensure the functioning of the unit.
4.
Accordingly, the first respondent is directed to inspect the petitioner's factory and if the petitioner fulfills the above said condition, the respondents are directed to consider the remaining 45% of the subsidy payable to the petitioner within a period of six weeks from the 3/6
date of receipt of copy of this order.
5.
With the above direction, this writ petition is disposed of. There shall be no order as to costs.
27.06.2024 Index: Yes/No Speaking/Non-speaking order lok 4/6
To 1.Industrial Secretary, The Government of Puducherry, Secretariat of Puducherry, Puducherry 2.The Director, Directorate of Industries & Commerce, Puducherry 5/6
G.K.ILANTHIRAIYAN, J.
lok 27.06.2024 6/6