R. Panchali Kani v. The Principal Secretary And Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.23805 of 2024 and W.M.P.(MD)No.20143 and 20144 of 2024 R.Panchali Kani, The Proprietor, JSR Garments and Exports, No.157/8, Mangammal Salai, Tenkasi District.

... Petitioner -vs1.The Principal Secretary and Managing Director, Tamil Nadu Industrial Investment Corporation, Guindy, Chennai-600 035.

2.The Principal Secretary, Micro, Small and Medium Industries Department, Secretariat, Chennai-600 006.

3.The Regional Manager, Tamil Nadu Industrial Investment Corporation, Tirunelveli.

4.The Assistant Director, District Industrial Centre (DIC), Tenkasi.

1/5

5.The Branch Manager, Tamil Nadu Industrial Investment Corporation (TIIC), Tirunelveli District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to release the pending subsidy amount of Rs.37,50,000/- based on the petitioner's representation dated 06.09.2024, within a time frame fixed by this Court. For Petitioner :

Mr.M.Rajarajan For R-1, R-3 & R-5 :

Mr.R.Saravanan For R-2 & R-4 :

Mr.S.P.Maharajan, Special Government Pleader

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] The prayer in the writ petition reads as follows: "To issue a Writ of Mandamus, to direct the respondents 1 to 5 to release the pending subsidy amount of Rs.37,50,000/- based on the petitioner's representation dated 06.09.2024, within a time frame fixed by this Court."

2. The complaint of the petitioner is non sanction of subsidy that he is entitled to. It is the contention of the Tamil Nadu Industrial Investment Corporation that the petitioner has breached the clause 16(c) of the tripartite agreement by shifting a portion of the sewing machines from Tenkasi to Tiruppur without the knowledge of the Corporation which 2/5

amounts to direct infraction of clause 16(c) of the tripartite agreement and therefore, she had lost the right to claim subsidy.

3. Mr.Rajarajan, learned counsel for the petitioner would submit that the authorities have inspected the machines at Tiruppur and have found that the machines are functioning and they have sought for No Objection Certificate from the District Industries Centre and a joint inspection has to be conducted by the Tamil Nadu Industrial Investment Corporation and the District Industries Centre in both the centers, namely, at Tenkasi and at Tiruppur and if the respondents are satisfied with the fact that the petitioner has complied with all the conditions, subsidy will be released.

4. In view of the same, the writ petition is disposed of, requiring the petitioner to submit a No Objection Certificate from the land owner and directing the officials to conduct the joint inspection and decide on the question of subsidy within a period of four (4) months from today. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The Principal Secretary, Micro, Small and Medium Industries Department, Secretariat, 3/5

Chennai-600 006.

2.The Assistant Director, District Industrial Centre (DIC), Tenkasi.

4/5

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml W.P.(MD)No.23805 of 2024 23.10.2024 5/5