The Single Judge allowed the Review Petition filed by the State, which sought to challenge a writ petition disposing of compensation claims for fishermen displaced for National Waterway development, citing an unconsidered Government decision.
The review petition is allowed and the writ petition is restored to be placed before the roster bench.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937
RP.No. 215 of 2015 ()
----------------------------------(AGAINST THE JUDGMENT IN WP(C).NO. 34611/2014 DATED 19-12-2014)
REVIEW PETITIONER(S)/RESPONDENTS IN WP(C) :
1. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA.
2. THE DEPUTY DIRECTOR OF FISHERIES,
3. THE DIRECTOR OF FISHERIES, DIRECTORATE OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM.
4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER SMT. M.T.SHEEBA
RESPONDENT(S)/PETITIONERS IN WP(C) :
1. RAJAN.K., S/O.KRISHNAN, THEKKEPURATHU, THARAYIL KADAVU, VALIYAZHEEKAL.P.O.,ALAPPUZHA.
2. THANKAPPAN, S/O.MADHAVAN, THANKAVILASOM,
3. PADMAJAN, S/O.PADMANABHAN, PADMAVILASOM,
4. ULLAS, S/O.AMBUJAKSHAN, KALAYKAL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
5. DHARMASUTHAN, S/O.SOOLAPANI, THANDASSERIL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
6. DHARMARAJAN, S/O.KOCHU, PUTHENPARAMBU,
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-2-
R.P.NO.215/2015
7. SIVADASAN, S/O.PADMANABHAN, KANDATHI KIZHAKKATHIL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
8. NADARAJAN, S/O.SASIDHARAN, SUNDARASSERIL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
9. SHISHULAL, S/O.SHISHUPALAN, PRATTEKATH, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
10. RAMACHANDRAN, S/O.PALANIKKUTTY, ALTHARAMOOTTIL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
11. SHIJU, S/O.SUKUMARAN, KUNNEL, VALIYAZHEEKAL.P.O., ALAPPUZHA.
12. BABOOJI, S/O.MADHAVAN, ALTHARAMOOTTIL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
13. REGHU, S/O.VELUTHAKUNJU, SREEMANDIRAM, VALIYAZHEEKAL.P.O., ALAPPUZHA.
14. REJIMON, S/O.KRISHNAN, KODUVAKATTIL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O.,
ALAPPUZHA.
15. THAMIJU, S/O.THAMARAN, KALLASSERIL,
THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
16. LALY, S/O.SUGUNAN, NEDIYATH, VALIYAZHEEKAL.P.O.,
ALAPPUZHA.
17. SREEDHARAN, S/O.KARUTHAKUNJU, MANNUMPURATH, VALIYAZHEEKAL.P.O., ALAPPUZHA.
18. BINUMON.M.S., S/O.SREEDHARAN, KUNNUMPURATH, VALIYAZHEEKAL.P.O., ALAPPUZHA.
19. UDAYAN,S/O.ANANDAN, PUTHENMANNEL, THARAYIL KADAVU, VALIYAZHEEKAL.P.O., ALAPPUZHA.
R1 TO R19 BY ADV. SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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R.P.NO.215/2015
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX 1 | COPY OF THE MINUTES OF THE MEETING HELD ON 05/01/2012 IN THE CHANMBER OF THE DISTRICT COLLECTOR, ALAPPUZHA |
|---|---|
| ANNEX II | COPY OF THE LIST OF BENEFICIARIES PREPARED |
| ANNEX III | COPY OF THE MINUTES OF THE COMMITTEE DATED 25/02/2012 |
| ANNEX IV | COPY OF THE MINUTES OF THE MEETING HELD ON 13/11/2014 |
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
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A. MUHAMED MUSTAQUE, J.
-------------------------------------------R. P. No. 215 of 2015
Dated this the 14th day of July, 2015
O R D E R
This Review Petition is filed at the instance of the State, aggrieved by the direction of this Court to consider Ext.P6 representation in the light of Ext.P5 issued by the District Collector, Alappuzha.
R.P. No.215 of 2015
2
Government Level on 13.11.2014 and in this proceedings the District Collector, Alappuzha had also taken part and a decision was taken as to the manner in which the compensation has to be disbursed. Therefore it is a case of the State that, that decision has superceded the decision of the District Collector. Since this matter was disposed of at the admission stage, that matter could not be brought to attention of the Court.
Accordingly, the review petition is allowed and the writ petition is restored. Put the mater before the bench having roster to hear the matter.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
Pn
2 issues framed by the court
Whether the District Collector's decision on compensation should be reviewed given a subsequent Government Level decision.
Whether the Review Petition raising an unconsidered ground of law should be allowed.
THE STATE OF KERALA
RAJAN.K.
THANKAPPAN
PADMAJAN
ULLAS
DHARMASUTHAN
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
