The Kerala High Court dismissed a writ petition filed by a former MP seeking appointment of a commission to inquire into alleged neglect regarding cyclone warnings and directing compensation to fishing families, holding the petition premature and the relief sought outside the High Court's domain.
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 THE ACTING CHIEF JUSTICE MR.ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 12TH DAY OF DECEMBER 2017/21ST AGRAHAYANA, 1939
WP(C).No. 39913 of 2017 (S)
PETITIONER(S):
P.C.THOMAS EX. MP
FORMER UNION MINISTER OF STATE FOR LAW AND JUSTICE, CHAIRMAN, KERALA CONGRESS, 67, KUMARANASAN NAGAR, KADAVANTHARA, ERNAKULAM - 682 020.
BY ADV. P.C.THOMAS EX.MP (PARTY IN PERSON)
RESPONDENT(S):
1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE STATE DISASTER MANAGEMENT AUTHORITY OF KERALA REPRESENTED BY ITS CHAIRMAN, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS DIRECTOR, BLOCK NO.4, CGO COMPLEX, LODHI ROAD, NEW DELHI -110 003.
R1, 2 BY SR. GOVERNMENT PLEADER SRI. V. TEKCHAND R3 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 39913 of 2017 (S)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE WARNING PUBLISHED IN THE OFFICIAL WEBSITE OF INCOIS DATED 29.11.2017
EXHIBIT P1(A) READABLE COPY OF EXT.P1
EXHIBIT P2 TRUE COPY OF THE NEWS PUBLISHED IN MALAYALA MANORAMA DAILY DATED 05.12.2017
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 02.12.2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS
NIL
// TRUE COPY //
P.A. TO JUDGE
sou.
Antony Dominic, Ag.CJ &
Dama Seshadri Naidu, J
W.P(C). No. 39913 of 2017
Dated this the 12th day of December, 2017
J U D G M E N T
Antony Dominic, Ag.CJ
The petitioner, a former Member of Parliament, has filed
this writ petition as a public interest litigation with the following
prayers :
W.P(C).39913/17
2
an amount of 10 Lakhs apart from the actual expense for treatment.
W.P(C).39913/17
3
Government or its date of receipt. Therefore, as of now, we cannot say that the Government had a reasonable time to reflect upon the issue raised by the petitioner or to take a decision thereon, to find fault with the Government of having abdicated their statutory duties. Therefore, in so far as the first prayer is concerned, the writ petition, to say the least, is premature.
We are not satisfied that the writ petition deserves to be entertained. Accordingly the same is dismissed.
Sd/Antony Dominic, Acting Chief Justice
Sd/Dama Seshadri Naidu, Judge
sou.12/12.
2 issues framed by the court
Whether the High Court can entertain a writ petition praying for appointment of a commission and direction for compensation following a cyclone tragedy.
Whether the writ petition was premature as the government had not had sufficient time to respond to the petitioner's representation.
1 provisions across 1 enactments
P.C. Thomas
The State of Kerala
The State Disaster Management Authority of Kerala
Central Bureau of Investigation
Antony Dominic
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
