Jaisappan Mathai vs State Of Kerala
2021 Latest Caselaw 8466 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.6615 OF 2021(S)


PETITIONERS:


               JAISAPPAN MATHAI
               S/O.MATHAI, AGED 57 YEARS,
               KANDATHIL HOUSE, EDATHWA P.O.,
               KUTTANADU TALUK, ALAPPUZHA DIST, PIN-689 573.


               BY ADV. SRI.SERGI JOSEPH THOMAS


RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.


      2        THE SECRETARY TO GOVERNMENT,
               REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM. PIN - 695 001.


      3        KERALA STATE DISASTER MANAGEMENT AUTHORITY,
               REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
               REVENUE & DISASTER MANAGEMENT
               STATE RELIEF COMMISSIONER & CONVENER,
               DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT,
               2ND FLOOR, REVENUE COMPLEX,
               PUBLIC OFFICE BUILDING, OPP. MUSEUM,
               THIRUVANANTHAPURAM, KERALA, PIN - 695 033.
 W.P.(C)No.6615 of 2021
                                2


       4       THE DISTRICT COLLECTOR,
               COLLECTORATE, ALAPPUZHA DISTRICT,
               PIN-688 001.

               SRI. TEK CHAND, SR GP FOR RESPONDENTS


     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 15.03.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.6615 of 2021
                                       3


                                 JUDGMENT

Dated this the 15th day of March, 2021

S.Manikumar, C.J.

Claiming himself to be a public interest litigant, the petitioner has

sought for the following reliefs:

"A) To issue a writ of mandamus or other appropriate writ directing the respondents to grant an amount of Rs.10,000/- to each family in Kuttanadu area, who were affected by the 2020 flood, in view of the present financial situation of the people of Kuttanadu;

B) To issue a writ of mandamus or other appropriate writ directing the respondents to take a decision on Exhibits P1, P2, P4 and P5 representations expeditiously and to grant financial aid, in view of the present financial situation of the people of Kuttanadu."

2. In support of the prayers sought for, the petitioner has

contended thus:

"2. The grievance of the petitioner in this writ petition is concerning the inaction on the part of the respondents in the matter of granting financial aid to the tune of Rs.10,000/- to the families, who were affected by the 2020 flood in Kuttanadu area.

3. It is submitted that Kuttanadu is an area lying below the sea level and even in the normal situations; the people in the Kuttanadu area find it difficult to survive due to water logging, lack of drinking water and transportation. Most of the people in Kuttanadu area are agriculturists and agricultural laborers and they depend mainly on the income from agriculture and W.P.(C)No.6615 of 2021

agricultural operations. Most of the people in the above area are people below the poverty line.

4. The State of Kerala has been devastated by heavy flooding due to incessant rain in the monsoon season in the year 2018. About 70% of Kerala has been affected by flood. The heavy rainfall has forced the opening of the shutters of most of the dams in Kerala, which has added to the inundation of a vast area. It is the worst ever flood since the great flood of 1924 that ravaged many parts of Kerala. The deluge has resulted in a large scale of causalities and has also inflicted tremendous damage to the property and infrastructure. This is more so severe as the state had already been hit by a severe flood just a week prior to the 2018 flood.

5. The worst affected districts in the state are Pathanamthitta, Alappuzha, Thrissur and Ernakulam. Likewise the worst affected areas in the Alappuzha District are Chengannur, Mavelikara and Kuttanad Taluks. Almost all the Kuttanadu area was submerged by the flood and the people lost all their valuables. The paddy cultivation was completely destroyed and house hold articles were completely lost. The damage and loss caused to the people by the flood are unimaginable. All the people in the Kuttanadu area were evacuated and the evacuation process lasted for several days. They could come to their houses only after several weeks. It is submitted that the state and the central governments and many voluntary organisations, persons and fisher folks etc. have interfered timely in the matter and provided necessary help to the people in the flood affected area.

6. It is submitted that in 2019, another torrential rain occurred and as a result, almost all the Kuttanadu area in Alappuzha District were badly affected by the flood. The Kuttanadu area is the most affected area. Most of the houses in Kuttanadu area were partly submerged and people were shifted to other safe W.P.(C)No.6615 of 2021

places. The paddy cultivation was completely destroyed.

7. It is submitted that for the people affected by the 2018 and 2019 flood, government have provided various reliefs to them. Apart from that the government have sanctioned an amount of Rs.10,000/- each to all the families affected by the flood.

8. It is submitted that in the meanwhile adding heavy blow to the mankind, Covid 19 pandemic came. Due to the lockdown and the restrictions imposed by the Government, the economy also suffered great set back. Likewise, the agriculture area also suffered heavy setback. It is submitted that during the month of August, 2020 and in the middle of the lockdown period, due to heavy rain another flood occurred and most of the area in Kuttanadu Taluk were submerged. The 2020 flood was more severe than the 2018 and 2019 floods and the water level increased by more than one foot compared to the earlier floods. The calamity caused by the 2020 flood was very severe and the after effects were very high. The duration of the flood was less compared to the earlier two floods.

9. It is submitted that unlike the earlier floods, the Government have not accorded sanction for releasing any amount to the people affected by the 2020 flood in Kuttanadu area. Many times, the people of Kuttanadu area requested the government to grant them financial aid as given to the people affected by the earlier floods. Pointing out the above aspects, on 07/09/2020, petitioner had sent an email to the Chief Minister of Kerala requesting him to provide an amount of Rs. 10,000/- to each family in Kuttanadu area, who were affected by the 2020 flood. True copy of the email dated 07/09/2020 addressed to the Chief Minister of Kerala is produced herewith and marked as Exhibit P1.

10. It is submitted that thereafter on 13/09/2020, petitioner had sent another email to the Chief Minister of Kerala requesting him W.P.(C)No.6615 of 2021

to provide an amount of Rs.10,000/- to each family in Kuttanadu area, who were affected by the 2020 flood. True copy of the email dated 13/09/2020 addressed to the Chief Minister of Kerala is produced herewith and marked as Exhibit P2.

11. It is submitted that pursuant to Exhibits P1 and P2, petitioner had received an email dated 13/09/2020 from the office of the Chief Ministers Computer Cell stating that the request of the petitioner has been forwarded to the 4 th respondent for taking appropriate action. True copy of the email dated 13/09/2020 sent from the office of the Chief Ministers Computer Cell is produced herewith and marked as Exhibit P3.

12. It is submitted that since the respondents have not taken any steps pursuant to Exhibit P1 and P2, on 12/02/2021, petitioner had sent another email to the Chief Minister of Kerala and the 4 th respondent requesting them to provide an amount of Rs.10,000/- to each family in Kuttanadu area, who were affected by the 2020 flood. In this email petitioner had clearly stated that there is no response for the earlier emails sent by the petitioner. True copy of the email dated 12/02/2021 addressed to the Chief Minister of Kerala and the 4th respondent are produced herewith and marked as Exhibits P4 and P5.

13. It is submitted that thereafter petitioner had received an email dated 12/02/2021 from the office of the Chief Ministers Computer Cell stating that they have received the mail. True copy of the email dated 12/02/2022 sent from the office of the Chief Ministers Computer Cell is produced herewith and marked as Exhibit P6.

14. It is submitted that the 2020 flood in Kuttanadu area is a Level L3 disaster. The situation is catastrophic and a large-scale disaster had occurred in the Kuttanadu area. The people of Kuttanadu area are entitled to get the compensation for the loss W.P.(C)No.6615 of 2021

sustained to them in the 2020 flood. The state administration cannot deny the same to the affected people. The respondents 1 to 3 are the authorities responsible for granting the financial aid to the affected people.

15. It is submitted that though the respondents have received the Exhibits P1, P2, and P4 and P5 representations submitted by the petitioner through email, the respondents have not taken any action on it. It is high time to take action on Exhibits P1, P2, P4 and P5. The people in Kuttanadu area are struggling due to the continuous flood and the Covid 19 pandemic situations."

3. Though the writ petitioner has sought for a mandamus

directing the respondents to grant an amount of Rs.10,000/- to each

family in Kuttanadu area, affected by the 2020 flood, citing that on

earlier occasions when there were flood in 2018 and 2019, Government

of Kerala have come forward to sanction amounts to those affected by

the flood and such a situation also occasioned in 2020 flood and people

in Kuttanadu area are badly affected and therefore entitled to

compensation, when Mr.Sergi Joseph Thomas, learned counsel for the

petitioner was informed that payment of compensation during flood or

any other disaster could only be ex-gratia, which does not confer any

statutory right, learned counsel for the petitioner submitted that

alternate prayer for a mandamus directing the respondents to take a

decision on Exhibits P1, P2, P4 and P5 representations, be considered.

Submission of the learned counsel for the petitioner is placed on record. W.P.(C)No.6615 of 2021

4. Mr. V. Tekchand, learned Senior Government Pleader

acknowledges the submission of the learned counsel for the petitioner

that the representations can be considered and appropriate decision be

taken.

5. Heard the learned counsel for the parties and perused the

material available on record.

6. Perusal of the material on record shows that the request of the

petitioner for grant of financial assistance, has been forwarded to the

District Collector, Alappuzha for taking considerable action. Exhibit P3,

email dated 13/9/2020 sent from the office of the Chief Minister's

Computer Cell, is extracted hereunder:

"Jaisappan Mathai5.2.18 <[email protected]> Thu, Feb 11, 2021 at 7:51 PM To: [email protected]

........Forwarded message.......

From: Chief Minister, Government of Kerala <[email protected]> Date: Sun, Sep 13, 2020 at 4:08 PM Subject: E.ptn 13560/2020 To: <[email protected]>

Your request has been noted and forwarded to District Collector, Alappuzha for taking appropriate action.

Deputy Secretary Chief Minister's Computer Cell"

W.P.(C)No.6615 of 2021

7. Placing on record the submissions of the learned counsel for

both parties, District Collector, Alappuzha District, is directed to consider

the representations forwarded from the office of the Hon'ble Chief

Minister, Government of Kerala; submit a report to the Secretary to the

Government, Revenue Department, Thiruvananthapuram, respondent

No.2 and pass appropriate orders on the representations stated supra,

within a period of two months from the date of receipt of a copy of this

judgment.

With the above directions, writ petition is disposed of.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv W.P.(C)No.6615 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE EMAIL DATED 7.9.2020 ADDRESSED TO THE CHIEF MINISTER OF KERALA WITH TRANSLATION.

EXT.P2: TRUE COPY OF THE EMAIL DATED 13.9.2020 ADDRESSED TO THE CHIEF MINISTER OF KERALA WITH TRANSLATION.

EXT.P3: TRUE COPY OF THE EMAIL DATED 13.9.2020 SENT FROM THE OFFICE OF THE CHIEF MINISTER'S COMPUTER CELL.

EXT.P4: TRUE COPY OF THE EMAIL DATED 12.2.2021 ADDRESSED TO THE CHIEF MINISTER OF KERALA WITH TRANSLATION.

EXT.P5: TRUE COPY OF THE EMAIL DATED 12.2.2021 ADDRESSED TO THE 4TH RESPONDENT.

EXT.P6: TRUE COPY OF THE EMAIL DATED 12.2.2021 SENT FROM THE OFFICE OF THE CHIEF MINISTER'S COMPUTER CELL.

RESPONDENT'S EXHIBITS:    NIL


                                                 /TRUE COPY/


                                               P.A. TO JUDGE