IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 8363 of 2008(U) ------------------------- PETITIONER: ------------ LISSY JOSE, CHIRAYATH HOUSE, THOTTUVA, KOOVAPPADY, PERUMBAVOOR. BY ADV. SRI.C.K.THANU PILLAI SRI.T.K.SHAJI RAJ SRI.JINU K MOHAN RESPONDENTS: ------------- 1. THE TAHSILDAR, KUNNATHUNAD TALUK, PERUMBAVOOR. 2. THE SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 3. THE PROJECT OFFICER, THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL SC SRI K.P.HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).8363/2008 -------------------- Dated this the 12th day of March, 2008 JUDGMENT Petitioner had availed a loan from the Khadi & Village Industries Board in the year 1996. According to the petitioner, apart from the capital expenditure loan and the working capital loan, second respondent had also sanctioned an amount of Rs.2,09,750/- towards margin money. Petitioner submits that margin money is given as a subsidy. Therefore, it should not be recovered from him. Learned counsel for the Khadi Board Mr.K.P.Harish submits that margin money could be treated as subsidy only if certain conditions are satisfied by the Industry. There is now a demand for an amount of Rs.13,93,797/-. Even according to the petitioner, an amount of Rs.5,45,350/- is undisputedly due. Whether the amount given as margin money could be treated as a subsidy may be considered by the Board. I also take note of Ext.P5 judgment by which the petitioner was directed to approach the concerned Project Officer in Khadi Board. I am inclined to grant one further opportunity to the W.P.(C).8363/2008 2 petitioner taking note of the submission made by the learned counsel for the petitioner, provided an amount of Rs.5,45,350/- is paid by the petitioner within the shortest time possible. The remaining contentions of the petitioner may be looked into by the second respondent. In the result, writ petition is disposed of in the following terms: 2. Petitioner shall pay an amount of Rs.5,50,000/- in three equal monthly instalments commencing from 25.3.2008. If there is default in paying any one of the instalments, the facility granted shall stand withdrawn. Petitioner shall file a representation before the second respondent on or before 31.3.2008 indicating her claim for treating margin money loan as subsidy and any other objections in that regard. If it is so filed, same shall be looked into by the second respondent after notice to the petitioner and appropriate orders may be passed on or before 31.5.2008. Further recovery from the petitioner shall be subject to the orders to be so passed. The W.P.(C).8363/2008 3 amounts already paid by the petitioner shall be given due credit by the second respondent. V.GIRI, Judge mrcs