K.Ramalingam v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2016
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.3098 of 2013 and M.P.No.1 of 2013 K.Ramalingam .. Petitioner
Versus
1. The Branch Manager, Indian Bank, Mazhavanthangal, Gingee Taluk, Villupuram District.
2. The Assistant Director TamilNadu Khadi and Village Industries Board, Villupuram.
3. The District Collector Villupuram District, Villupuram.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a writ of certiorarified mandamus or any other or direction in the nature of appropriate writ calling for the records of the first respondent of his letter dated 04.02.2011 and quash the same and thereby direct the first respondent to sanction the loan of Rs.5,00,000/- (Rupees Five lakhs) for the project proposal submitted by the petitioner under Prime Minister's
Employment Generation Programm, Gramodhoyog Rojar Yojana for the Brick Manufacturing unit of the petitioner at Adukkam Village, Villupuram District. For Petitioner : Mr.N.Suresh For Respondents : Mr.V.Kalyanaraman for R1 Mr.V.S.Ramesh, Govt. Advocate for R2 & R3
O R D E R
The prayer in the writ petition is for issuance of writ of certiorarified mandamus calling for the records of the first respondent's letter dated 04.02.2011 and quash the same and thereby direct the first respondent to sanction the loan of Rs.5,00,000/- (Rupees Five lakhs) for the project proposal submitted by the petitioner under Prime Minister's Employment Generation Programm, Gramodhoyog Rojar Yojana for the Brick Manufacturing unit of the petitioner at Adukkam Village, Villupuram District.
2. Pursuant to a scheme devised by the Central Government under the Prime Minister's Employment Generation Progame, the second respondent had invited applications for the purpose of selecting persons to send proposals to the area bank for sanctioning loan for the village industries. The petitioner had also applied on 25.01.2010 for a loan under the said scheme. However, his application was rejected by an order dated 04.02.2011 passed by the first
respondent, aggrieved against which, the petitioner has filed the present writ petition.
3.The object of the Prime Minister Employment Generation Program was to develop employment opportunities in rural and urban areas for setting up "new" self employment ventures/projects/micro enterprises. Among the eligibility conditions for the beneficiaries of the scheme, it was specifically prescribed that only new projects for activities are eligible for assistance under the scheme and that the existing units which have already availed subsidy under any other scheme are not eligible.
4. The petitioner's application was rejected by the first respondent on the ground that, the applicant is in the business of Brick Kiln activity for the last five years and that he is not a new entrepreneurship in the field. This decision of the first respondent was arrived at after a field visit in the proposed site of the applicant. The petitioner's business being in existence for the past five years is evidenced in the first respondent letter dated 04.02.2011 addressed to the second respondent. As stated above the scheme is envisaged only to encourage new self employment and not for existing units. Since the petitioner has been running the Brick Kiln Unit for the past five years the first
respondent is justified in rejecting this application. M.S.RAMESH.J., dpq
5. Under such circumstances I see no merits in the present writ petition. Accordingly this writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is also closed. 10.11.2016 Index :Yes/No.
Internet:Yes/No.
dpq To
1. The Branch Manager, Indian Bank, Mazhavanthangal, Gingee Taluk, Villupuram District.
2. The Assistant Director TamilNadu Khadi and Village Industries Board, Villupuram.
3. The District Collector Villupuram District, Villupuram.
W.P.No.3098 of 2013 and M.P.No.1 of 2013 http://www.judis.nic.in