Nadheesha M.P vs The State Of Kerala
2023 Latest Caselaw 66 Ker

W.P.(C) No.28267/2021                   1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                        THE HONOURABLE MR.JUSTICE V.G.ARUN
          FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                             WP(C) NO. 28267 OF 2021
PETITIONER/S:

      1       NADHEESHA M.P.,
              AGED 51 YEARS
              D/O.NARAYANAN AND W/O.SAILAN, MALAYATTIL NIKARTH,
              PANAVALLY VILLAGE, PANAVALLY P.O., CHERTHALA TALUK,
              ALAPPUZHA DISTRICT, PIN-688 526.
      2       SANKARAN PURUSHOTHAMAN,
              AGED 78 YEARS
              S/O.SANKARAN, KOCHUKARI PUTHUVAL NIKARTH, PANAVALLY
              VILLAGE, PANAVALLY P.O. CHERTHALA TALUK, ALAPPUZHA
              DISTRICT, PIN-688 526.
              BY ADVS.
              V.N.SANKARJEE
              V.N.MADHUSUDANAN
              R.UDAYA JYOTHI
              M.M.VINOD
              M.SUSEELA
              KEERTHI B. CHANDRAN
              VIJAYAN PILLAI P.K.
              C.PURUSHOTHAMAN NAIR
              NITHEESH.M


RESPONDENT/S:

      1       THE STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, FISHERIES &
              PORT DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.
      2       THE DIRECTOR OF FISHERIES, KERALA,
              VIKAS BHAVAN, 4TH FLOOR, UNIVERSITY OF KERALA SENATE
 W.P.(C) No.28267/2021               2

              HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 033.
      3       THE DEPUTY DIRECTOR OF FISHERIES,
              G82V+GCR, KIDANGAMPARAMB, THATTHAMPALLY, ALAPPUZHA-688
              013.
      4       THE SUB INSPECTOR FISHERIES (BACKWATERS),
              THEVARVTTOM, POOCHAKKL P.O., CHERTHALA TALUK, ALAPPUZHA
              DISTRICT, PIN-688 526.
              BY ADV ADVOCATE GENERAL OFFICE KERALA


OTHER PRESENT:

              GP RAJEEV JYOTHISH GEORGE



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28267/2021                  3



                                 V.G.ARUN J.
                      -------------------------------------
                        W.P.(C) No.28267 of 2021
                       ---------------------------------
                 Dated this the 6th day of January 2023

                                 JUDGMENT

The petitioners claim to be the joint owners of stake nets bearing

numbers 9,10 and 11 in Nediyathuruth Oonnippad area. They have

inherited the stake nets from one Karumbi Kunji, as evidenced by

Ext.P1. The stake nets were removed for clearing the path for the water

highway. The stake nets owners were thereupon paid compensation in

accordance with the extant. As the compensation was fixed as

Rs.2,50,000/- for each stake net, the petitioners submitted application

seeking Rs.7,50,000/- as compensation. The writ petition is filed

alleging non-consideration of the application.

2. Learned Counsel for the petitioners submitted that petitioners

had submitted the application on time and there is no justification in

denying compensation to the petitioners alone.

3. Learned Government Pleader submitted that, even though the

applicants were called upon to produce certain documents in support of

the claim, there was no response from their part. The time limit fixed

for paying compensation to the stake net holders lapsed in the

meanwhile and the balance amount in that account was returned.

Therefore, as of now, the petitioners' claim for compensation cannot be

considered.

4. Learned Counsel for the petitioners drew attention to Ext.P7 to

submit that the proceedings for sanctioning compensation to the

petitioners is complete and the Fisheries Director had submitted a letter

requesting to sanction the amount to be paid as compensation.

In the light of Ext.P7, the writ petition is disposed of directing the

third respondent to take necessary steps for obtaining sanction for

disbursing the compenstion due to the petitioners, if their claim for

compensation is found to be genuine. Necessary steps in this regard

shall be taken within two months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE dpk

APPENDIX OF WP(C) 28267/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LEGAL HERISHIP CERTIFICATE NO.F423010/2015/K.DIS DATED 14.05.2018 ISSUED BY THE TAHSILDAR, CHERTHALA.

Exhibit P2 TRUE COPY OF THE NOTICE NO.B.1059/94 DATED 22.03.2012 ISSUED BY THE 3RD RESPONDENT TO KARUMBI KUNJI.

Exhibit P3 TRUE COPY OF THE PETITIONERS' APPLICATION DATED 11.06.2018 SUBMITTED TO THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE 2ND PETITIONER'S SAMMATHA PATHRAM (CONSENT LETTER) DATED 11.07.2019. Exhibit P5 TRUE COPY OF THE 1ST PETITIONER'S PASSBOOK OF SAVINGS BANK ACCOUNT BEARING NO.4068110171670 AT GRAMIN BANK, POOCHAKKAL BRANCH.

Exhibit P6 TRUE COPY OF THE 1ST PETITIONERS APPLICATION DATED 17.04.2021 UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P7 TRUE COPY OF THE INFORMATION NO.F.1914/29021 DATED 14.05.2021 ISSUED TO THE 1ST PETITIONER BY THE STATE PUBLIC INFORMATION OFFICER ATTACHED TO THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE 1ST PETITIONER'S APPLICATION DATED 03.08.2021 SUBMITTED TO THE 3RD RESPONDENT.