Kerala High Court
Cyril Dominic vs The State Of Kerala on 1 February, 2023
W.P.(C) No. 2753/2022 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 2753 OF 2022
PETITIONER/S:
CYRIL DOMINIC
AGED 72 YEARS
KEDAKULANGARA KANDATHIL PUTHUVAL, CHAVARA SOUTH P.O,
THEKKUMBHAGAM, KOLLAM.
KOLLAM, PIN - 691 584.
BY ADV AUGUSTUS BINU
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FISHERIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 CHIEF MINISTER DISTRESS RELIEF FUND
REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY (FINANCE) TO
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE DIRECTOR
FISHERIES DEPARTMENT, GOVERNMENT OF KERALA, VIKAS
BHAVAN, THIRUVANANTHAPURAM.
THIRUVANANTHAPURAM, PIN - 695 033.
4 THE DEPUTY DIRECTOR,
FISHERIES DEPARTMENT, COLLECTORATE, CUTCHERY P.O,
KOLLAM, KOLLAM, PIN - 691 013.
BY ADV ADVOCATE GENERAL OFFICE KERALA
SMT. DEEPA.N., SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 2753/2022 :2:
SHAJI P. CHALY, J.
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W.P.(C). No. 2753 of 2022
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Dated this the 1st day of February, 2023.
JUDGMENT
The petitioner, a traditional fisherman and claiming to be a
person below the poverty line and earning his livelihood from the
income generated from fishing, has filed this writ petition seeking to
quash Exhibit P8 Government Order dated 18.01.2022 and Exhibit
P9 communication dated 25.01.2022 issued by the District
Collector, Kollam, whereby the request made by the petitioner for
compensation from the Chief Minister's Relief Fund for the removal
of the Chinese fishing net was declined.
2. Brief material facts for the disposal of the writ petition are
as follows:
For the development of Kollam Kottappuram National Waterway-
3, the Chinese net belonging to the petitioner was compulsorily
removed from the Ashtamudi lake, evident from Exhibit P1 notice
dated 28.03.2005. The case of the petitioner is that he is paid with
Rs.50,000/- as compensation for removing the Chinese net, in the
light of G.O.(MS) No. 19/2011/Fisheries Department dated
22.02.2011. Having been dissatisfied with the said compensation,
the petitioner claimed for a compensation of Rs.2,50,000/- from the
Chief Minister's Distress Relief Fund. According to the petitioner,
even though the Director of Fisheries insisted the petitioner for the
production of a valid licence issued for the Chinese net, he could not
produce the same before the authority in time and therefore, his
application for enhancing the compensation was not considered by
the third respondent.
3. Thereafter, the petitioner has approached this Court by
filing W.P.(C) No. 18837 of 2014 seeking a direction for disbursing
an amount of Rs.2,50,000/- in the light of Exhibit P2 Government
Order bearing No. GO(MS) No. 19/2011/Fisheries Department dated
17.06.2013. It is further submitted that along with the same, the
petitioner has produced the original licence for operating the
Chinese fishing net. The said writ petition was disposed of by
Exhibit P3 judgment dated 17.09.2014, whereby the claim of the
petitioner was directed to be considered in the light of Exhibit P2
Government Order within a period of six weeks of receipt of a copy
of the judgment.
4. It is further submitted that he approached the Director of
Fisheries Department, respondent No.3, who, after perusing the
licence and hearing the petitioner, was granted with an additional
amount of Rs.50,000/-, and the further claim for enhancing the
compensation to Rs.2,50,000/- on the basis of Exhibit P2 order was
declined. According to the petitioner, even though the Minister has
sanctioned an amount of Rs.1,50,000/-, it was declined by the
District Collector as per Exhibit P9 communication dated
25.01.2022. It is, thus, challenging the legality and correctness of
Exhibits P8 and P9, instant writ petition is filed.
5. A statement is filed by the Director basically stating that
on account of the removal of the Chinese net as per Annexure R3(a)
Government Order dated 22.02.2011, a licenced Chinese fishing net
owner was entitled to get Rs.1,00,000/- and an unauthorized
Chinese fishing net owner was entitled to get Rs.50,000/-. When
the petitioner raised the claim, the licence was not produced and
hence, Rs.50,000/- alone was released to the petitioner initially.
But, while considering the directions issued by this Court as per
Exhibit P3 judgment, an additional amount of Rs.50,000/- was
granted, since the petitioner has produced the original licence.
6. It is further stated that under the scheme Santhwana
Sparsam conducted by the Minister for Fisheries, the petitioner has
filed a representation on 14.02.2021, which was forwarded to the
Director of Fisheries, Thiruvananthapuram to take further action.
The Director of Fisheries, after enquiry, recommended to the State
Government for sanctioning an amount of Rs.1,50,000/- in addition
to Rs.1,00,000 already paid to him. However, the Secretary to
Government, Fisheries & Ports (C) Department has issued Exhibit
R3(b) communication dated 18.06.2021 stating that it is not
advisable to allow revision of compensation for the removal of stake
nets installed in the navigation channel of national waterways, as is
evident from Exhibit R3(b).
7. It is further pointed out that as the petitioner was a
selected beneficiary of the first list and the compensation was
granted to him in the year 2012 as per Order No.C3/5490/95 dated
17.11.2011, the claim raised by the petitioner on account of the
subsequent Government Order issued in the year 2013 for
additional compensation cannot be sustained under law.
8. I have heard the learned counsel for the petitioner Sri.
Augustus Binu and the learned Senior Government Pleader Smt.
Deepa N, and perused the pleadings and materials on record.
9. The discussion of facts made above would make it clear
that admittedly, claims raised by the petitioner for compensation for
the removal of Chinese fishing net was on the basis of the
Government Order issued in the year 2011. In fact, the petitioner
has not produced the licence of the Chinese fishing net along with
the application, due to which the petitioner was treated as an
unauthorised Chinese fishing net operator and paid only
Rs.50,000/-. However, as per the direction in Exhibit P3 judgment
dated 17.09.2014, the petitioner has produced a licence for the
Chinese fishing net and thereupon, a further amount of
Rs.50,000/- was paid in terms of the Government Order dated
22.02.2011. Now, the present claim raised by the petitioner is on
the basis of Exhibit P2 Government Order dated 17.06.2013
consequent to the representations made by the Chinese as well as
the stake-net operators, whose nets were removed later.
10. Therefore, having settled the claim of the petitioner in
terms of the Government Order dated 22.02.2011, the petitioner
cannot again claim compensation on the basis of a subsequent
notification issued by the Government for the removal of the
Chinese net as well as stake nets during the later years.
11 In that view of the matter, I do not think, the petitioner is
entitled to get any relief on the basis of Exhibit P2 Government
Order dated 17.06.2013. Therefore, the said relief sought for is
declined. However, this will not stand in the way of the petitioner
raising any claim for compensation on account of any valid
Government Orders granted to the fishermen.
Accordingly, this writ petition is disposed of.
sd/- SHAJI P. CHALY, JUDGE.
Rv
APPENDIX OF WP(C) 2753/2022
PETITIONER'S EXHIBITS:
EXHIBIT1 TRUE COPY OF THE NOTICE DATED 28.03.2005
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
EXHIBIT2 TRUE COPY OF THE GOVERNMENT ORDER DATED
17.06.2013
EXHIBIT3 TRUE COPY OF JUDGMENT IN W.P (C) NO. 18837 OF
2014 DATED 17.09.2014
EXHIBIT4 TRUE COPY OF THE ORDER NO. C3/14589/2014
DATED 11.12.2014 PASSED BY THE 3RD RESPONDENT
EXHIBIT5 TRUE COPY OF THE LETTER NO. H/879/21 DATED
17.02.2021 ISSUED BY THE 4TH RESPONDENT TO THE
3RD RESPONDENT.
EXHIBIT6 TRUE COPY OF THE LETTER NO. H/879/21 (1) DATED
12.10.2021 ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
EXHIBIT7 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
03.01.2022.
EXHIBIT P8 TRUE COPY OF THE LETTER 03/D.R-F-C2/2022/REV.
DATED 18.01.2022 ISSUED BY THE 2ND RESPONDENT
TO THE DISTRICT COLLECTOR, KOLLAM.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION TO THE
PETITIONER BY THE DISTRICT COLLECTOR VIDE
LETTER DCKLM/3312/21/N7 DATED 25.01.2022.
RESPONDENTS' ANNEXURES:
ANNEXURE R3 A TRUE COPY OF THE GO MS NO.38/13/FPD DATED 17-
06-2013 OF FISHERIES AND PORT (C)DEPARTMENT
ANNEXURE R3B A TRUE COPY OF THE RECEIPT ISSUED BY THE WRIT
PETITIONER DATED 12-01-2015
ANNEXURE R3C A TRUE COPY OF COMMUNICATION LETTER NO-C2-60-
2020 F PD DATED 18-06-2021 OF FISHERIES AND
PORT (C)DEPARTMENT.
ANNEXURE R3(a) TRUE COPY OF THE GO(MS)NO.19/2011/FISHERIES
AND PORT DEPARTMENT DATED 22-02-2011.
ANNEXURE R3(b) TRUE COPY OF THE LETTER NO.C2/60/2020 F AND PD
OF THE SECRETARY TO GOVT DATED 18-06-2021.
True Copy
PS To Judge.
rv
