Kannur Jilla Swatantra Coir ... vs The Director, Coir Development ...
2022 Latest Caselaw 3631 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                           WP(C) NO. 63 OF 2014
PETITIONER:

              KANNUR JILLA SWATANTRA COIR THOZHILALI UNION
              REPRESENTED BY ITS PRESIDENT MRS.LISSY.P.T., W/O.JOSE,
              AGED 47 YEARS, MARMEENKANDY HOUSE, KUNNOTH, KALIYANTHARA
              P.O., 670706, KANNUR DISTRICT.

              BY ADV SRI.R.SURENDRAN



RESPONDENTS:

     1        THE DIRECTOR,
              DIRECTORATE OF COIR DEVELOPMENT DEPARTMENT, MONEY BHAVAN,
              SASTHAMANGALAM, THIRUVANANTHAPURAM-10.

     2        THE PROJECT OFFICER COIR
              KANNUR COIR PROJECT OFFICE, KHADI BOARD BUILDING, CIVIL
              STATION, KANNUR-670002.

     3        THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              COIR DEVELOPMENT DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

  ADDL.R4     SRI. P.P. JOHNSON
              PROPERIETOR OF M/S. MALABAR GOLDEN FIBRES, KUNNOTH,
              KILIYANTHARA P.O., VILAMANA AMSOM, DESOM, IRITTY TALUK,
              KANNUR DISTRICT, PIN 670706.

  ADDL.R5     SMT. KAMALA SURENDRAN
              PROPRIETRIX OF M/S. MALABAR COCONUT FIBRES KUNNOTH,
              KILIYANTHARA P.O., VILAMANA AMSON, DESOM, IRITTY TALUK,
              KANNUR DISTRICT., PIN - 670706.

  ADDL.R6     SMT. ISABEL.V.THOMAS
              PROPRIETRIX OF M/S. MALABAR NATURAL FIBRES, KUNNOTH,
              KILIYANTHARA P.O. VILAMANA AMSON, DESOM, IRITTY TALUK,
 WP(C) NO. 63 OF 2014                2



             KANUR DISTRICT, PIN - 670706.

             [ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DATED 25/7/14
             IN IA NO.9985/2014]

             BY ADVS.
             GOVERNMENT PLEADER
             SRI.K.K.SATHISH




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 63 OF 2014                    3




                                  JUDGMENT

The petitioner, an association of coir workers in Kannur

District has approached this court for a direction to the 2 nd

respondent to implement Ext.P3 order issued by the 1 st

respondent and disburse the income support amount due to the

coir workers as per the Income Support Scheme for welfare of

coir workers introduced by the Government of Kerala.

2. According to the petitioner's Association, the coir

workers working under various private coir producers are paid

only minimum wages and considering the plight of these workers

the Government has introduced the Income Support Scheme for

the welfare of coir workers. As per the scheme, the workers

have to be paid the income support amount by the Project

Officer (Coir), the 2nd respondent by direct credit to the

individual bank accounts of the coir workers on the basis of the

work undertaken by the workers.

3. The grievance of the petitioner's is that the 2 nd

respondent is declining payment of income support to the

workers who are eligible for the same. It is stated that the

Government after considering the various reports conducted

through the Deputy Registrar of the Coir Development

Department and taking note of various aspects has issued

Ext.P3 order directing the 2nd respondent to take necessary steps

to grant benefits of the income support scheme to the coir

workers working under to the various private manufactures and

to report the same to the Government.

4. The petitioner states that no step pursuant to Ext.P3

has been taken by the 2nd respondent and the directions of the

Government in Ext.P3 are not complied with and the benefits of

the income support scheme are denied to eligible coir workers.

5. Counter affidavits have been filed on behalf of the

respondents, wherein, it is stated that the benefits can be

provided to only eligible workers identified by the 2 nd

respondent.

6. The learned Government Pleader submits that, each

claim of the workers who are entitled for the benefits under the

scheme will have to be examined and in case, those workers

who claims that they are entitled to the benefit of the Income

Support Scheme makes individual applications before the 2 nd

respondent with supporting documents, the said claims will be

considered by the 2nd respondent in accordance with law within a

period of three months from the date of receipt of such claims.

In the light of the said submission, this writ petition is

disposed of with a direction to the 2 nd respondent to consider the

claims of the coir workers who makes individual application for

the benefit under the Income Support Scheme with supporting

documents, within a period of three months from the date of

receipt of such applications. If the 2 nd respondent finds that, the

claimants who make such applications are entitled to the benefit

of the scheme, the benefits due thereunder shall be disbursed

expeditiously.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ska

APPENDIX OF WP(C) 63/2014

PETITIONER EXHIBITS

EXHIBIT-P1: TRUE COPY OF MEMORANDUM OF ASSOCIATION OF PETITIONER SOCIETY.

EXHIBIT-P2: TRUE COPY OF REPORT DATED 18.10.2013 SUBMITTED BY SRI.G.SANJAYAN, THE DEPUTY REGISTRAR OF THE COIR DEVELOPMENT DEPARTMENT BEFORE THE FIRST RESPONDENT.

EXHIBIT-P3: TRUE COPY OF ORDER DATED 1.11.2013 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT.