IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 28285 of 2008(P) ---------------------------------------- PETITIONER(S): ------------------------ M/S.GREEN CHANNEL EXPORTERS, PALLIPARAMBIL HOUSE, XIII/284, NEERKUNNAM, VANDANAM P.O., ALLAPUZHA, REPRESENTED BY ITS PROPRIETOR A.JAMAL, AGED 52 YEARS, S/O.ALIKUNJU. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): ---------------------------- 1. THE DIRECTOR (MARKETING), THE MARINE PRODUCTS EXPORT PROCESSING DEVELOPMENT AUTHORITY (M.P.E.D.A) HEAD OFFICE, PANAMBILLY NAGAR, KOCHI. 2. THE DEPUTY DIRECTOR, M.P.E.D.A REGIONAL OFFICE, PANAMBILLY NAGAR, KOCHI. BY ADVS. SRI.JOSEPH KODIANTHARA, SRI.MATHEWS K.UTHUPPACHAN, SRI.TERRY V.JAMES. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28285/2008 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CUM MEMBERSHIP CERTIFICATE ISSUED TO THE PETITIONER. P2: COPY OF THE ORDER IN WP(C) NO.23226/2004. P3: COPY OF THE ORDER PASSED BY THE DEPUTY DIRECTOR. P4: COPY OF THE APPLICATION DEMANDING SUPPLEMENTARY DEPB BENEFITS. P5: COPY OF APPLICATION DTD. 04/08/08. P6: COPY OF THE LETTER RECEIVED FROM 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28285 of 2008-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2010. JUDGMENT The petitioner herein is an exporter of marine products. He has been exporting frozen marine products as per the licence issued by the second respondent. The petitioner approached this Court seeking for a direction to the respondents to disburse the supplementary DEPB benefits for the shipments made during 5.5.2003 to 20.11.2003, within a time frame. In para 4 of the writ petition, the petitioner submits that he is entitled to get 5% of the shipping amount as duty exemption pass book benefit (incentive) for each shipping. In addition to that, the petitioner is also entitled to get additional 2% of the shipping amount as supplementary DEPB benefit. The petitioner has already got the 5% immediately after the 14 shipment he made from 5.5.2003 to 20.11.2003. It is in these circumstances, he has filed this writ petition. In the counter affidavit filed on behalf of respondents 1 and 2 various aspects have been explained and finally in para 7 it is pointed out that the application for grant of credit under DEPB is required to be made directly to Regional Authority of the Director General of Foreign Trade. As far as the wpc 28285/2008 2 petitioner is concerned, the Scheme implementing authority is the Joint Director General of Foreign Trade, Kochi and the petitioner may therefore be directed to approach the said authority. In that view of the matter, I am not going into the merits of the matter. Ext.P4 is the copy of the application which the petitioner has filed before the Joint Director General of Foreign Trade, Kochi. The said authority is not a respondent herein. Therefore, the petitioner will file a further application along with a copy of this judgment before the said authority and the said authority will consider the matter after hearing the petitioner and the second respondent expeditiously and at any rate, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/