Government Of Tamilnadu v. M/S.Sivasakthi Seeds

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH AND THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Appeal No.2191 of 2012 and M.P.No.1 of 2012 1.The Government of Tamil Nadu rep. By its Secretary to Government Small Industries Department Fort St.George, Chennai-9 2.The Industries Commissioner and Director of Industries and Commerce No.36, South Canal Bank Road Mandavelipakkam, Chennai-28 3.The General Manager District Industries Centre Nagapattinam ..Appellants/Respondents 1,2, & 4 Vs.

1.M/s.Sivasakthi Seeds Rep. By its Proprietrix Mrs.S.Chithra No.5, II Cross Street Extension L.B.Nagar, Mayiladuthurai-609 001 2.The Tamil Nadu Industries Investments Corporation Ltd., Rep. By its Chairman 691, Anna Salai Nandanam, Chennai-600 035 ..Respondents/Petitioner 3rd Respondents Writ Appeal filed against the order dated 28.11.2011 made in W.P.No.23769 of 2011. Petition under Article 226 of the constitution of India praying for the issuance of writ of Mandamus directing the 3rd respondent herein to pay a sum of Rs. 4 00 000/- to the petitioner being the subsidy as per G.O.Ms.No.32 Small Industries Department dt 28.6.2002 as well as G.O.ms.No.73 Small Industries (Dev) Department dt 12.8.2005 in respect of petitioner M/s.Sivasakthi Seeds Processing Unit Mayiladuthurai.

For appellants : Mr.R.Ravichandran, AGP For respondents : Mr.G.Nagarajan for R1 Mr.M.Paulraj for R2.

JUDGMENT

(Judgment of the Court was made by HULUVADI G. RAMESH, J.) Heard the learned counsel appearing for the appellants/State and the learned counsel appearing for Respondents 1 and 2.

2. This Writ Appeal is filed as against the order passed by the learned Single Judge in W.P.No.23769 of 2011 dated 28.11.2011, directing the first appellant herein to release the capital subsidy of 15% alone to the first respondent herein/M/s.Sivasakthi Seeds, on the approved investment as per G.O.Ms.No.32, Small Industries Department dated 28.06.2011, by following the order passed in W.P.Nos.1444 and 1445 of 2006 dated 14.09.2010 and the clarification made therein.

3. It is seen from the typed set of papers filed before this court that the first respondent herein/writ petitioner started a project employing more than 50% of work force and their claim is that as per the scheme of New Anna Marumalarchi Thittam 'NAMT', they are eligible for 15% subsidy on investment, however, for some reasons, subsidy was not released to them. The first respondent, therefore, made several representations and since their efforts went in vain, they approached this court by filing Writ Petition No.237699 of 2011 and the learned Single Judge, taking note of G.O.Ms.No.32, Small Industries Department dated 28.06.2002 as well as G.O.Ms.No.73, Small Industries (Dev) Department dated 12.08.2005, directed the first appellant herein to release 15% subsidy.

4. It is the contention of the learned counsel for the appellants that the writ petition is not covered by the decision of this court in W.P.Nos.1444 and 1445 of 2006 dated 14.09.2010. It is further contended that the petitioners in W.P.Nos.1444 and 1445 of 2006 stand on a different footing to that of the first respondent herein/writ petitioner.

5. Be that as it may. While disposing Writ Petition No.23769 of 2011, the learned Single Judge directed the State Government to release the capital subsidy at 15% alone on the approved investment as per G.O.Ms.No.32 Small Industries department dated 28.06.2002 within a period of six weeks from the date of the said order.

6. It appears that the NAMT Scheme fixed certain eligibility criterion to grant incentives and subsidy to those who establish Small Scale Industry.

In this regard, G.O.Ms.No.32, Small Industries (Dev.1) Department dated 28.06.2002 and G.O.Ms.No.73 Small Industries (Dev) Department dated 12.08.2005 also enumerate certain guidelines for implementation of the scheme. In the above circumstances, we direct the appellants herein to consider the guidelines as mentioned in G.O.Ms.No.32 Small Industries Department dated 28.06.2002 as well as G.O.Ms.No.73, Small Industries (Dev) Department dated 12.08.2005 and follow those eligibility criterion and subject to the writ petitioner satisfying the guidelines enumerated therein shall consider grant of subsidy to the first respondent herein/M/s.Sivasakthi Seeds. The said exercise shall be carried out by the appellants in accordance with law within a period of two months from the date of receipt of a copy of this order.

7. In the result, the order of the learned Single Judge dated 28.11.2001 passed in W.P.No.23769 of 2011 is modified as indicated above and the Writ Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nvsri To 1.The Secretary to Government Government of Tamil Nadu Small Industries Department Fort St.George, Chennai-9 2.The Industries Commissioner and Director of Industries and Commerce No.36, South Canal Bank Road Mandavelipakkam, Chennai-28 3.The Chirman, Tamil Nadu Industries Investments Corporation, Ltd., 691, Anna Salai, Nandanam, Chennai 600 035. 4.The General Manager District Industries Centre, Nagapattinam.

+ 1 cc to Mr.G. Nagarajan, Advocate SR.23091 + 1 cc to Mr.Paulraj, Advocate Sr.22971 + 1 cc to Government Pleader SR.22892 Writ Petition No.2191 of 2012 and W.M.P.No.11726 of 2016 AD(CO) EU 11.05.16