Kerala High Court
N.J.Antony vs State Of Kerala
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 22ND DAY OF MAY 2013/1ST JYAISHTA 1935
WP(C).No. 6281 of 2013 (I)
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PETITIONER:
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N.J.ANTONY
NEDIYODI HOUSE, MUNDAMVELI P.O., MANASSERRY
COCHIN 682 007.
BY ADVS.SRI.BABU CHERUKARA
SMT.ROSAMMA MATHEW
SRI.P.A.SALIM
SRI.ANZAR BASHEER
SRI.P.ANTO THOMAS
SRI.JEEMON JOHN
RESPONDENTS:
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1.STATE OF KERALA, REP. BY THE
ADDITIONAL CHIEF SECRETARY
DISASTER MANAGEMENT DEPARTMENT, SECRETARIAT
PIN 695 001.
2. FISHERIES DIRECTOR,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN 695 033.
3. FISHERIES DEPUTY DIRECTOR,
(REGIONAL OFFICE), ERNAKULAM, COCHIN 682 031.
4. DISTRICT MANAGER,
KERALA MATSYAFED, ERNAKULAM DISTRICT,
COCHIN - 682 005.
5. THE DISTRICT COLLECTOR,
CIVIL STATION, ERNAKULAM, COCHIN - 682 030.
R4 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
BY SR. GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-05-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 6281 of 2013 (I)
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APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: COPY OF THE LIST PREPARED BY KERALA SWATHANTRA MALSYA
THOZHILALI FEDERATION ERNAKULAM DISTRICT COMMITTEE DATED
26/10/09.
EXT.P2: COPY OF THE LETTER DATED 28/1/2012 OF the 3RD RESPONDENT
THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM
EXT.P3: COPY OF THE LETTER DATED 30/01/2012 BY THE 3RD RESPONDENT
TO THE 5TH RESPONDENT.
EXT.P4: COPY OF THE LETTER DATED 18/2/2013 NO.C/3714/2004 BY THE
3RD RESPONDENT TO THE 5TH RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
//True Copy//
P. A to Judge
ab
P.R. RAMACHANDRA MENON J.
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W.P.(C) No. 6281 of 2013
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Dated, this the 22nd day of May, 2013
JUDGMENT
The petitioner is a fisherman, who sustained damages in the Tsunami caused in December 2004. The grievance of the petitioner is that, though he is included in the Tsunami compensation package at Sl. No. 30, despite several requests and lapse of nearly a decade, the meagre compensation to the tune of Rs. 2,500/- is still to be paid and hence this writ petition.
2. When the matter came up for consideration on 26.03.2013, the learned Government Pleader submitted that, the District Collector had already initiated action for generating funds for payment to Tsunami victims like the petitioner, from the Disaster Management Fund. It was accordingly, that the learned Government Pleader was required to file a statement as to the factual particulars and the progress in this regard. The statement is still to come.
3. After hearing both the sides, this Court finds that the eligibility of the petitioner to have Rs.2500/- towards Tsunami W.P.(C) No. 6281 of 2013 : 2 : compensation is not in dispute and in the said circumstances, there is no necessity to adjourn the matter further, for filing the statement. Hence, there will be a direction to the respondents to make available the requisite fund and disburse the same to the petitioner forthwith, at any rate, within one month from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 5th respondent for further steps.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd