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2023 Supreme(Online)(KER) 747
HIGH COURT OF KERALA
Devan Ramachandran, J
I.V. SARASWATHI DEVI – Appellant
Versus
THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD. – Respondent
WP(C) 40698/2023
B.RENJITHKUMAR, T.PRADEEP KUMAR, CLARA SHERIN FRANCIS, SANGEERTHANA M., SRI.SANTHOSH PETER – SC, SRI.SUNIL KUMAR KURIAKOSE - GP
Authorities must process claims for Minimum Support Price expeditiously or face interest penalties for delays.
Headnote:
Support - Paddy Procurement - Kerala State Minimum Support Price Act - Sections on Disbursement and Interest
Fact of the Case:
The petitioners sought a direction for the disbursement of the Minimum Support Price for paddy procured from them, including interest from the procurement date until payment.
Issues: Whether the petitioners are entitled to a timely disbursement of the Minimum Support Price along with any applicable interest.
Ratio Decidendi: The court emphasized the duty of authorities to address claims promptly and laid down a clear timeline for disbursement, addressing potential interest issues in case of delays.
Final Decision: The court allowed the writ petition directing prompt action for payment.
JUDGMENT
The petitioners seek a direction to the competent Authority of the 2nd respondent to disburse to them the price of paddy procured from them at the rate of 28.20 as Minimum Support Price (MSP) with 12% interest from the date of procurement until disbursement, within a time frame to be fixed by this Court.
2. Sri.Santhosh Peter – learned Standing Counsel for the Kerala State Civil Supplies Corporation Limited ('SUPPLYCO'), in response to the afore submissions of Smt.Clara Sherin Francis – learned counsel for the petitioners, submitted that the paddy procurement officer is willing to hear the petitioners and advert to their claims, thus leading to the disbursement of eligible amounts without any avoidable delay.
Recording the afore submissions of Sri.Santhosh Peter, I allow this writ petition, directing the competent Authority of the 1st respondent to immediately hear the petitioners and issue appropriate orders with respect to their claims, leading to the disbursement of eligible sums to them; as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment; failing which, the said sum shall carry interest at the rate of 8% per annum from the date on which it became due until it is paid.
Needless to say, if the afore amounts are paid within the time frame fixed, then the right of the petitioners to seek interest on the delayed payments is left open to be pursued before the alternative Forums, for which purpose, all contentions in that regard are left undecided.
Sd/- DEVAN RAMACHANDRAN JUDGE
27.5.2023 Exhibit-P2 TRUE COPY OF THE COMPUTERIZED PRS DATED
12.5.2023 Exhibit-P3 TRUE COPY OF THE COMPUTERIZED PRS DATED
27.5.2023 Exhibit-P4 TRUE COPY OF THE COMPUTERIZED PRS DATED
12.5.2023 Exhibit-P5 TRUE COPY OF THE COMPUTERIZED PRS DATED
12.5.2023 Exhibit-P6 TRUE COPY OF THE REQUEST DATED 22.11.2023 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONERS Exhibit-P7 TRUE COPY OF THE POWER-OF-ATTORNEY RESPONDENTS' EXHIBITS : NIL.
