Kerala High Court
P.C.Thomas Ex. Mp vs The State Of Kerala on 29 November, 2017
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 12TH DAY OF DECEMBER 2017/21ST AGRAHAYANA, 1939
WP(C).No. 39913 of 2017 (S)
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PETITIONER(S):
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P.C.THOMAS EX. MP
FORMER UNION MINISTER OF STATE FOR LAW AND JUSTICE,
CHAIRMAN, KERALA CONGRESS, 67, KUMARANASAN NAGAR,
KADAVANTHARA, ERNAKULAM - 682 020.
BY ADV. P.C.THOMAS EX.MP (PARTY IN PERSON)
RESPONDENT(S):
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1. THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE STATE DISASTER MANAGEMENT AUTHORITY OF KERALA
REPRESENTED BY ITS CHAIRMAN,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3. CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS DIRECTOR, BLOCK NO.4,
CGO COMPLEX, LODHI ROAD, NEW DELHI -110 003.
R1, 2 BY SR. GOVERNMENT PLEADER SRI. V. TEKCHAND
R3 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 39913 of 2017 (S)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE WARNING PUBLISHED IN THE OFFICIAL
WEBSITE OF INCOIS DATED 29.11.2017
EXHIBIT P1(A) READABLE COPY OF EXT.P1
EXHIBIT P2 TRUE COPY OF THE NEWS PUBLISHED IN MALAYALA MANORAMA
DAILY DATED 05.12.2017
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 02.12.2017
SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL
// TRUE COPY //
P.A. TO JUDGE
sou.
Antony Dominic, Ag.CJ
&
Dama Seshadri Naidu, J
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W.P(C). No. 39913 of 2017
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Dated this the 12th day of December, 2017
J U D G M E N T
Antony Dominic, Ag.CJ The petitioner, a former Member of Parliament, has filed this writ petition as a public interest litigation with the following prayers :
"(a) a writ of mandamus or any other appropriate writ order or direction appointing a Commission to inquire into the gross neglect and inaction of the respondents 1 and 2 in not giving due warning to the fishermen in Kerala Coast to desist from going to the sea immediately after they got information and warnings from the INCOIS and the consequent loss of life and property of fishermen and submit its report with suggestions and remedial measures to be taken; in the alternative direct the CBI to investigate the issues herein.
(b) a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to amend the Disaster Management Act to include the provision regarding compensation to the loss by incumbents due to natural Disaster coupled with laxity on the part of respondents.
(c) a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 and
2 to give Rs.5 Crores each, as compensation, for loss of life and to those who cannot be traced (after reasonable time) to their legal heirs.
(d) a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to compensate the injured in this incident by paying W.P(C).39913/17 2 an amount of 10 Lakhs apart from the actual expense for treatment.
(e) a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to give ten times of the value of the properties lost, missed or damaged in the present incident.
2. The first prayer is for the appointment of a Commission to enquire into the alleged neglect and inaction of the respondents in giving due warning to the fishermen in Kerala coast to desist from going to the sea in the wake of a cyclone, which hit the Kerala coast on 30.11.2017. Though it is true that such a natural calamity has occurred, primarily, the question whether a Commission is to be appointed to enquire into allegation of neglect or inaction on the part of anyone or into any other matter, is for the Government to examine and decide.
3. Secondly, in order to enable this Court to issue a mandamus in this regard, it is necessary for the petitioner to show that he has taken up the matter before the Government and there is failure on the part of the Government in discharging its legal duties. Even if it is assumed that there is a legal right in this regard, he has moved the Government with a complaint only by Ext.P3, which is dated 2.12.2017. There is nothing to show that the complaint has received by the W.P(C).39913/17 3 Government or its date of receipt. Therefore, as of now, we cannot say that the Government had a reasonable time to reflect upon the issue raised by the petitioner or to take a decision thereon, to find fault with the Government of having abdicated their statutory duties. Therefore, in so far as the first prayer is concerned, the writ petition, to say the least, is premature.
4. In so far as the remaining prayers for amendment of the Disaster Management Act and for directing compensation to be paid in the manner as sought for by the petitioner are concerned, to our mind, those are matters which are entirely within the domain of the decision making authority, including the Government to decide and not by the High Court exercising powers under Article 226 of the Constitution of India.
We are not satisfied that the writ petition deserves to be entertained. Accordingly the same is dismissed.
Sd/-
Antony Dominic, Acting Chief Justice Sd/-
Dama Seshadri Naidu, Judge sou.12/12.