Kerala High Court
Gangadharan Nair vs State Of Kerala on 8 July, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 08TH DAY OF JULY 2020 / 17TH ASHADHA, 1942
WP(C).No.33289 OF 2017(S)
PETITIONER/S:
GANGADHARAN NAIR, AGED 62 YEARS, S/O. KUNJAMBU
NAIR, PUTHIYAPURA HOUSE,BOVIKKANAM, MULLIYAR
POST, KASARAGOD 671 542
BY ADVS.
SRI.SHAIJAN C.GEORGE
SRI.M.T.AJITH
SRI.P.J.JOSEPH
SMT.SAJITHA GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARYGOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM 695 001
2 SECRTARY TO GOVERNMENT
DEPARTMENT OF HEALTH SERVICE
THIRUVANANTHAPURAM, PIN 695 001
3 THE DISTRICT COLLECTOR
COLLECTORATE, KASARAGOD 671 121
4 THE DIRECTOR VIGILANCE AND ANTI CORRUPTION
BUREAUVIKAS BHAVAN
THIRUVANANTHAPURAM 695 001
5 THE PLANTATION CORPORATION OF KERALA LIMITED
KOTTAYAM 682 004, REPRESENTED BY ITS MANAGING
DIRECTOR
WP(C).No.33289 OF 2017(S)
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R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY
R1, R5 BY SRI.RAJESH N., SC, PLANTATION
CORPORATION OF KERALA LTD.
R1-4 BY SRI.K.V.SOHAN, STATE ATTORNEY
OTHER PRESENT:
SRI.K.V.SOHAN, SATE ATTORNEY FOR R1 TO R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.33289 OF 2017(S)
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JUDGMENT
S.Manikumar, CJ.
Instant writ petition has been filed by the petitioner, for the following reliefs;
"i) Call for the records from the 4 th respondent concerning the quick verification report No. QV No. 17/2016 KSB and No. E1/QV/PCL/40771/2016;
ii) Issue Writ of Mandamus or any Other Writ, Order or Directions to the respondents 1 to 3 to revise the beneficiary list for the compensation of the victims of Endosulphan in Kasaragod District strictly adhering to the scientific and clinical assessment;"
2. It is the case of the petitioner that he was a worker of the 5th respondent and engaged in the filling of tanks of the Helicopter with Endosulphan physically, for aerial spraying. He has contended that he or the like workers along with him has never been affected with any health hazard by the usage of endosulfan and that, he has noticed a number of persons around him with no ailment connected with the usage of endosulphan, who have WP(C).No.33289 OF 2017(S) ..4..
illegally got enlisted in the beneficiary list. According to him, the so-called victims list, lacks procedural propriety and factual accuracy. Though he made several complaints before the authorities concerned, regarding the irregularities committed in the inclusion of ineligible persons as beneficiaries, it was not properly considered and the draining of public fund continued. Thereafter, he gathered information regarding the list and also made complaints before respondents 1 to 4, as a result of which, Director of Vigilance and Anticorruption Bureau, Thiruvananthapuram (the 4th respondent) conducted a quick verification and found that there is substance in the complaint raised by the petitioner. Pursuing his efforts, the petitioner obtained Exhibit P5, quick verification report, provided by the Anticorruption Bureau. According to the petitioner, on a perusal of the quick verification report, it can be seen that the beneficiary list was prepared without filling any norms. According to him, even after pointing out the same, respondents 1 to 3 were following lethargic inertness and hence, public exchequer is being drained unnecessarily. Hence, aggrieved by the inaction on the part of WP(C).No.33289 OF 2017(S) ..5..
respondents 1 to 3, to rectify the anomalies in the beneficiary list, and to prevent the illegal sanctioning of public fund, instant public interest writ petition is filed, seeking the reliefs stated above.
3. A statement has been filed by the State of Kerala, represented by Chief Secretary, Thiruvananthapuram and Secretary to Government, Department of Health Service, Thiruvananthapuram (respondents 1 and 2 respectively), wherein it is stated that in the light of the allegations and quick verification report, the Government took action and issued direction to the District Collector, Kasaragod to take necessary steps to revamp the existing list on the basis of the guidelines laid down in 2013 for preparation of the list of victims of endosulfan as evident from Annexure R1(a) letter issued by the Additional Chief Secretary. It is further stated that on the basis of the said direction, the District Collector vide Annexure R1(b) letter dated 03.11.2017 requested the Government, to constitute an expert medical panel, opining that an expert medical panel is essential for revamping the existing list, as was done for identification of the beneficiaries in 2013 medical camp. Even prior to the quick verification, the Government WP(C).No.33289 OF 2017(S) ..6..
have received a large number of applications claiming to be included in the beneficiary list of endosulfan victims from Kasaragod district. Thereafter, the Government have examined the matter and issued Annexure R1(c) order dated 28.03.2017 constituting a committee of special doctors for identifying endosulfan victims and that, a medical camp was held from 05.04.2017 to 09.04.2017. When the revamping of the beneficiary list was mooted, on the basis of the allegations and quick verification report, on the request of the District Collector, the Government have issued a direction to make use of the expert panel of doctors stated in Annexure R1(c), for identification of those ineligible persons happened to be included in the list of beneficiaries.
4. Annexures R1(a), R1(b) and R1(d) letters are reproduced hereunder;
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WP(C).No.33289 OF 2017(S) ..8..
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5. On this day, when the matter came up for further hearing, Sri.K.V.Sohan, learned State Attorney, made submissions on the basis of a letter dated 11.06.2018 of the District Collector, Kasaragod addressed to him, which reads as follows;
"As per the order in ref 1st cited above, the Hon'ble High Court of Kerala have questioned the action taken by the Government to identify the ineligible persons included in the list of beneficiaries and to identify the real victims of endosulfan pesticide use.
The Vigilance and Anticorruption Bureau had already recommended to the state government to remove the ineligible persons in the prevailing endosulfan victim list as per the guidelines followed since 2013 medical camps (identifying the victims).
On the basis of the direction of Vigilance and Anti Corruption Bureau, Government have issued directions to the District Collector and Health department to utilise the specialist doctors, who were appointed in the 2017 specialist medical camps for this revamping process. It has not been carried out because of the non-approval of guidelines by the government.
The matter was brought forwarded to the government attention. The Government conducted a meeting on 20.03.2018 under the chairmanship of Hon'ble Chief Minister of Kerala for discussing the matter along with the other issues regarding endosulfan rehabilitation.
In the meeting it has decided that the guidelines which have WP(C).No.33289 OF 2017(S) ..12..
been followed since 2013 specialist medical camps to identify the victims, needed government level verification. For this process the government have authorized the Social Justice Department with the help of Health department for finalisation. For avoiding any allegations at the time of rechecking the victim list we need stipulated guidelines approved by the Government.
The process of identifying the victims through specialist medical camps 2013 onwards was submitted to the government during the meeting held on 25.05.2018 chaired by the Special Secretary Social justice Department in this regard. The guidelines are being finalised by the Government.
After obtaining Government approval of the guidelines, the process of revamping the endosulfan victim list will be started with the coordination of District administration, Health and Social justice Department."
Thus, on the averments made in the statement of facts and the instructions contained in the letter dated 11.06.2018, Sri.K.V.Sohan, learned State Attorney, submitted that the prayer sought for by the writ petitioner to revamp the beneficiary list for disbursement of compensation to the victims of endosulfan, Kasaragod district, has been addressed and that there is no need to issue any writ as prayed for.
6. Giving due consideration to the materials on record, we are in agreement with the submissions made by the learned State Attorney. Documents, extracted above, fortify our conclusion, by which, the WP(C).No.33289 OF 2017(S) ..13..
beneficiary list has been revamped.
In the light of the above, there is no need to issue any direction as prayed for. Accordingly, instant writ petition is disposed of.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY JUDGE Bka/08.07.2020 WP(C).No.33289 OF 2017(S) ..14..
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 3-8-2012 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 9-1- 2017 ISSUED BY THE 4TH RESPONDENT ALONG WITH ITS TRANSLATION INTO ENGLISH EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 20- 03-2017 SUBMITTED BEFORE THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 3-6- 2017 INCLUDING THE COPY OF QUICK VERIFICATION REPORT PROVIDED BY THE ANTI- CORRUPTION BUREAU EXHIBIT P5 TRUE TRANSLATION OF EXT P4 IN ENGLISH EXHIBIT P6 A TRUE COPY OF THE NEWS ITEM FOUND IN DESABHIMANI DAILY DATED 25-09-2017 ALONG WITH ITS ENGLISH TRANSLATION RESPONDENT'S/S EXHIBITS:
ANNEXURE R1 A TRUE COPY OF THE LETTER ISSUED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE (G) DEPARTMENT TO THE DISTRICT COLLECTOR, KASARAGOD ALONG WITH ENGLISH TRANSLATION.
ANNEXURE R1 B TRUE COPY OF THE LETTER NO. EC2/45629/17 DATED 03/11/2017 ISSUED BY THE DISTRICT COLLECTOR, KASARAGOD ADDRESSED TO R1 ALONG WITH ENGLISH TRANSLATION.
ANNEXURE R1 C TRUE COPY OF THE GO (RT) NO.838/2017/H&FWD DATED 28/03/2017.
ANNEXURE R1 D TRUE COPY OF THE LETTER DATED 18/11/2017 ISSUED BY RESPONDENT NO.2 ALONG WITH ENGLISH TRANSLATION.