Madras High Court
M.Anandan vs State Of Tamil Nadu on 29 November, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.4127 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.4127 of 2014
and
M.P.No.1 of 2014
M.Anandan ... Petitioner
Vs
1.State of Tamil Nadu,
Represented by its Secretary to Government,
Fisheries Department,
Fort St.George, Chennai - 600 009.
2.The Principal Secretary and Commissioner,
Revenue Administration,
Chepauk, Chennai - 600 005.
3.The Commissioner of Fisheries,
Government of Tamil Nadu,
Chennai - 600 006.
4.The Director of Fisheries,
Tsunami Relief,
Nandanam, Chennai - 600 035.
5.The District Collector,
Chennai - 600 001. ... Respondents
https://www.mhc.tn.gov.in/judis
1/10
W.P.No.4127 of 2014
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
entire records leading to the issue of proceedings bearing
Na.Ka.No.733/Tsunami/C/2013 dated 25.10.2013 on the file of the
fourth respondent and quash the same and direct the respondents to
consider the petitioner's representation dated 31.05.2013 and extend the
benefits of G.O.Ms.No.109, AH, D & F Department dated 26.06.2012
and sanction to the petitioner a further sum of Rs.15 lakhs as subsidy so
as to enable the petitioner to create asset to start mechanised Fishing
Boat construction work.
For Petitioner : Mr.K.Sridhar
for M/s.K.Sridhar Associates
For Respondents :
For R1, R3 & R4 : Mrs.V.Yamuna Devi
Special Government Pleader
For R2 & R5 : Mr.N.Naveen Kumar
Government Advocate
ORDER
The petitioner has challenged the impugned order passed by the fourth respondent in his proceedings dated 25.10.2013 bearing reference Na.Ka.No.733/R/jp/br/m-rp-2013. Relevant portion of the impugned order reads as under:-
https://www.mhc.tn.gov.in/judis 2/10 W.P.No.4127 of 2014 “ghh;itapy; fhdDk; j';fsJ tpz;zg;gj;jpy; g[jpa tpirg;glF fl;Ltjw;F murhy; tH';fg;gl;oUf;Fk; epthuzj; bjhif UP/5/00 ,yl;rj;jpw;F (UPgha; Ie;J ,yl;rk; kl;Lk;) mjpfkhf TLjy; epjpa[jtp UP/15/00 ,yl;rk; tH';FkhW nfl;Ls;sPh;fs;/ ,J Fwpj;J j';fsJ kD ghprPypf;fg;gl;lJ/ murhid vz;/121. fhy;eil guhkupg;g[. ghy;tsk; kw;Wk; kPdt ; sj;Jiw ehs; 11/07/2012?d; go j';fsJ glfpw;F epthuzj; bjhifahf UP/5.00.000-? (UPgha; Ie;J ,yl;rk; kl;Lk;) tH';f epjp xJf;fPL bra;ag;gl;Ls;sJ/ vdnt j';fshy; nfhhpa TLjy; epthuzj; bjhif tH';f ,ayhJ vd;gij ,jd; KPyk; bjhptpj;Jf; bfhs;fpnwd;/”
2. The specific case of the petitioner is that the petitioner had suffered total loss of his Fishing Boat on account of the Tsunami on 26.12.2004. It is submitted that the petitioner was identified as a beneficiary by the Director of the Fisheries namely the fourth respondent herein in terms of the communication dated 02.06.2009 bearing reference No.Na.Ka.No.22818/R/jp/br/gp/06.
3. It is submitted that the petitioner was entitled to compensation in terms of G.O(Ms).No.109, Animal Husbandry, Dairying & Fisheries (Fs.1) Department dated 26.06.2012. However, by G.O(Ms).No.121, https://www.mhc.tn.gov.in/judis 3/10 W.P.No.4127 of 2014 Animal Husbandry, Dairying and Fisheries (Fs.1) Department, dated 11.07.2012, the Government has decided to sanction only a sum of Rs.5,00,000/- in compliance of the order of this Court in W.P.No.13549 of 2011 dated 17.08.2011. It is further submitted that on 31.05.2013, the petitioner has sent a representation to the respondents stating that the petitioner is entitled for a sum of Rs.15,00,000/- as was done in the case of 81 other Fishermen in G.O(Ms).No.109, Animal Husbandry, Dairying & Fisheries (Fs.1) Department dated 26.06.2012, who lost their Fishing Boats due to Tsunami.
4. This writ petition is opposed by the learned Special Government Pleader for the first, third and fourth respondents stating that the petitioner has not produced any documents to substantiate that the petitioner indeed had a Fishing Boats, which were lost during Tsunami, the petitioner has not complied the requirements of G.O.Ms.No.61, Revenue (NC.III) Department dated 08.02.2005. It is further submitted that the petitioner was given compensation on humanitarian grounds and therefore the petitioner cannot ask for any other compensation/relief. https://www.mhc.tn.gov.in/judis 4/10 W.P.No.4127 of 2014
5. It is submitted that as per the aforesaid Government Order, the beneficiary confirmed in the beneficiary list as per the procedure prescribed therein, shall obtain a quotation from the manufacturer/implementing agency for the proposed work/purchase and submit to the Assistant Director of Fisheries of the concerned District. The petitioner however failed to produce the quotation.
6. That apart, it is submitted that the petitioner claim rights over his two Fishing Boats bearing Registration Nos.MDS.643 and MDS.1142. As far as MDS.No.1142 is concerned, a total compensation of Rs.20,00,000/- has been paid/sanctioned to the petitioner. However, as far as MDS.No.643 is concerned, a sum of Rs.5,00,000/- has been disbursed to the petitioner's account on humanitarian grounds and the petitioner is not entitled for any other relief.
7. Per contra, the learned counsel for the petitioner submitted that the petitioner is entitled to similar relief as in the case of 81 other https://www.mhc.tn.gov.in/judis 5/10 W.P.No.4127 of 2014 Fishermen in G.O(Ms).No.109, Animal Husbandry, Dairying & Fisheries (Fs.1) Department dated 26.06.2012.
8. It is submitted that the respondents have identified only 24 Fully Damaged Mechanized Fishing Boats, whereas, the petitioner's Boats were also fully damaged and therefore the petitioner was entitled to compensation in lying with G.O(Ms).No.109, Animal Husbandry, Dairying & Fisheries (Fs.1) Department dated 26.06.2012.
9. I have considered the arguments advanced by the learned Counsel for the petitioner, the learned Special Government Pleader for the first, third and fourth respondents and the learned Government Advocate for the second and fifth respondents.
10. The respondents have not disputed that the petitioner had two Fishing Boats, out of which, for one Fishing Boat bearing Registration MDS.No.1142, they have paid full compensation in terms of the above mentioned Government Orders for a sum of Rs.20,00,000/-. As far as the second Fishing Boat bearing Registration MDS.No.643 is concerned, https://www.mhc.tn.gov.in/judis 6/10 W.P.No.4127 of 2014 only a sum of Rs.5,00,000/- has been paid based on the Schemes that were floated by the respondents in terms of G.O.Ms.No.61, Revenue (NC.III) Department dated 08.02.2005 read with G.O(Ms).No.109, Animal Husbandry, Dairying & Fisheries (Fs.1) Department dated 26.06.2012. The petitioner cannot be denied all the rights to receive the compensation, if the compensation has been paid to others, who were similarly placed persons like the petitioner.
11. Considering the above, I am inclined to dispose this writ petition by directing the petitioner to furnish a copy of the invoices/quotation as is required in terms of G.O.Ms.No.61, Revenue (NC.III) Department dated 08.02.2005, within a period of thirty days from the date of receipt of a copy of this order. On production of the same, the respondents shall sanction/disburse the balance amount of Rs.5,00,000/- as was done in the case of 81 other Fishermen, whose Boats were fully damaged in terms of G.O(Ms).No.109, Animal Husbandry, Dairying & Fisheries (Fs.1) Department dated 26.06.2012. https://www.mhc.tn.gov.in/judis 7/10 W.P.No.4127 of 2014
12. The amount of Rs.15,00,000/-, which is merely lying in the Joint Account of the petitioner and the Assistant Director of Fisheries, shall be released, once the petitioner shall produce all the required documents as is required in terms of the aforesaid Government Orders.
13. On receipt of such invoices/quotation, the respondents shall complete the entire exercise within a period of ninety (90) days thereafter.
14. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petition is closed.
29.11.2022 Index : Yes/No Speaking/Non-Speaking Order arb https://www.mhc.tn.gov.in/judis 8/10 W.P.No.4127 of 2014 To
1.The Secretary, Government of Tamil Nadu, Fisheries Department, Fort St.George, Chennai - 600 009.
2.The Principal Secretary and Commissioner, Revenue Administration, Chepauk, Chennai - 600 005.
3.The Commissioner of Fisheries, Government of Tamil Nadu, Chennai - 600 006.
4.The Director of Fisheries, Tsunami Relief, Nandanam, Chennai - 600 035.
5.The District Collector, Chennai - 600 001.
https://www.mhc.tn.gov.in/judis 9/10 W.P.No.4127 of 2014 C.SARAVANAN, J.
arb W.P.No.4127 of 2014 and M.P.No.1 of 2014 29.11.2022 https://www.mhc.tn.gov.in/judis 10/10