IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WA.No. 453 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.37058/2007 Dated 11/06/2009 .................... APPELLANT/PETITIONER: -------------- P.M. JAMES, PULLAMPARAMBIL, CHINGAVANAM P.O., KOTTAYAM BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS/RESPONDENTS --------------- 1. KERALA KHADI AND VILLAGE INDUSTRIES REPRESENTED BY ITS SECRETARY, VANCHIYOOR, THIRUVANANTHAPURAM 2. PROJECT OFFICER, DISTRICT KHADI GRAMA VYAVASAYA OFFICE, KOTTAYAM. 3. KHADI AND VILLAGE INDUSTRIES COMMISSION, REPRESENTED BY ITS SECRETARY, NEW DELHI ADV. SRI.K.P.HARISH,SC,KERALA KHADI BOARD FOR R1 & 2 SRI.P.BABU KUMAR FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.A No. 453 of 2010 ---------------------------------------------------- Dated this the 18th day of November, 2011 J U D G M E N T C.N. Ramachandran Nair , J Heard the learned counsel for the appellant, the learned Standing Counsel for respondents 1 and 2 and the learned Standing Counsel for the 3rd respondent. 2. Question raised is whether the learned Single Judge was justified in declining margin money to the appellant's Industry which is operating House boat which is in the negative list under Ext.R1(b) Circular issued by the Khadi and Village Industries Commission. Obviously transport segment was excluded in the original notification. What is clear from the Circular is that exclusion of various items were objected by the operators in Andaman & Nicobar and Jammu & Kashmir etc. Therefore, Khadi and Village Industries Commission issued orders stating that the negative clause shall not include Auto Rickshaws in Andaman & Nicobar, House-boats, Shikara and Tourist Boats in Jammu & Kashmir W.A No.453/2010 : 2 : and Cycle Rickshaws. The learned Single Judge held that House-boat, Shikara and Tourist boat referred to in the exception clause are items operating in J&K. However, counsel for the appellant submitted that House-boat is independent and, its exclusion is not with reference to the use in Jammu & Kashmir. We are unable to accept this contention because all the three items, House-boats, Shikara and Tourist boats referred to in the exception clause contained in Ext.R1 (b) are those used in Jammu & Kashmir. So much so, House- boat business in Kerala does not qualify for margin money under the Khadi & Village Industries Commission's order. Writ Appeal therefor fails and accordingly, dismissed. C.N. RAMACHANDRAN NAIR (Judge) K. VINOD CHANDRAN (Judge) jma