Disposed

Shibi A.A v. Union of India

Kerala HC5 Feb 2020WP(C)/28093/2018

Case brief

AI extract

What is this about?

This judgment disposed of a PIL regarding Kerala floods. The court held that grievances are substantially redressed by an interim order relating to the legal aid scheme. The court directed the Government to disburse funds for IT hardware and office expenses to the Legal Services Authority and called for progress reports upon expiry of the interim order period.

What did the court decide?

Directed Government to provide INR 5 Lakhs for IT and INR 1.5 Lakhs for office expenses to KELSA; directed officials to file progress reports within three months.

Shibi A.A Vs Union of India — Writ and Judicial Review | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020/16TH MAGHA, 1941

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WP(C).No.28093 OF 2018(S)

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PETITIONER/S:

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SHIBI A.A., AGED 32 YEARS D/O.A.K. AYYAPPAN KUTTY, AMMUPILLY HOUSE, CHENGULAM.P.O., CHENGULAM, IDUKKI DISTRICT, PRESENTLY RESIDING AT POOJA BHAVAN, CEMETERY MUKK. PIN-682 018.

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BY ADV. REENA ABRAHAM

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY CABINET SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, DELHI-110 001.

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2 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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3 NATIONAL DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS SECRETARY,NDMA BHAVAN,A1,SAFDURJUNG ENCLAVE,NEW DELHI-110029

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4 KERALA STATE DISASTER MANAGEMENT AUTHORITY REPRESENTED BY SECRETARY TO GOVERNMENT, RVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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R1 BY ADV. NISAR AHAMMED K.T., MEMBER SECRETARY, KELSA. R1, R3 BY ADV. SRI.P.VIJAYAKUMAR R1, R3 BY ASSISTANT SOLICITOR GENERAL

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WP(C).No.28093 OF 2018(S)

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R2, R4 BY SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERAL

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R2, R4 BY ADVOCATE GENERAL R2, R4 BY SRI.V.MANU, SENIOR GOVT. PLEADER R2, R4 BY SRI.P.NARAYANAN, SENIOR GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28093 OF 2018(S)

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J U D G M E N T

S.Manikumar, CJ.

Instant Public Interest Litigation is filed seeking the following reliefs:

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“(i) Issue a writ of mandamus or any other appropriate writ order of direction, commanding respondents 1 and 3 to declare the flooding and other natural calamities happening in the State of Kerala as a National Disaster.

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(ii) Direct the 2nd respondent to co-ordinate the rescue operations with the help of Army, Navy & Air Force to adequately redress the situation.

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(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to create and maintain separate exclusive account solely for the purpose of collection and disbursement of funds for the present natural calamity affected victim's rehabilitation, compensation, damages and allied matters and publish the same in the official website and direct the 2nd respondent to transfer all amounts credited in Chief Minister's Distress Relief Fund from the date 15.8.2018 to the above said separate account.

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(iv) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to provide all assistance to the authority/committee specially set up by this

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WP(C).No.28093 OF 2018(S)

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Hon'ble Court to account and maintain the receipt and expenditure of the relief materials in cash and kind for the purpose of monitoring the ongoing collection and disbursement of fund.

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(v)issue a direction to the Accountant General or a separate body appointed by this Hon'ble Court to monitor and audit the account of the receipt and expenditure of relief fund and work which is separately constituted from the Chief Minister's Distress Relief Fund.

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(vi)Issue a direction to the 2nd respondent to publish and upadate the list of entire contributions and donations received and spent in connection with the present calamity, from 15h August 2018 in the official website of the Government of Kerala.

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(vii) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to appoint District Judge as Ombudsman in each District, in order to help and co-operate the Government agencies for ensuring timely relief through relief material cash and compensation money and to receive complaints and grievances from flood victims and after necessary investigation with the assistance of Kerala Legal Service Authority and NGOs to bring them to notice of the Government and agencies in charge of relief and rehabilitation program.

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(viii) 1ssue a direction to the 2nd respondent to formulate a

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scheme for proper waste management for the disposal of solid, e-waste and other waste deposited in the affected areas and formulate and extend comprehensive schemes for agriculture debt waiver and debt relief for the victims affected by the natural calamity.

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(ix) issue a direction to the 2nd respondent to take immediate action for the proper rehabilitation and relief package for these tribal people affected in the calamity.

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(x) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to provide adequate fund from National Disaster Response Fund for Kerala and accept the aid from International agencies and foreign countries, if required.

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xi) Issue a direction to the 2nd respondent to direct the District Collectors of all Districts in which procurement, distribution of consumer goods and relief materials is carried out by the Government Officials in connection with the flood relief to get the details of amount and materials and other items received by each official and publish it in an official website or in the alternate in the public domain.

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xii) Direct the 1st respondent to Oversee the rescue operations and provide assistance as required for the 2nd respondent.

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Xiii) Issue such other appropriate writ order or direction

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WP(C).No.28093 OF 2018(S)

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which this Hon'ble Court may deem fit and just under the circumstances of the case.”

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On 17.12.2019, we heard learned counsel for the parties as

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well as learned Additional Advocate General. Taking note of the report of the District Legal Services Authority and the difficulty expressed in preparation of data, hearing and disposal of the Second Appeals, we passed the following order:

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“Pursuant to our order dated 19.11.2019, Member Secretary, Kerala State Legal Services Authority has filed a report setting out the number of Second Appeals received by the various District Legal Services Authorities, difficulties in the matter of preparation of data, hearing and disposal of the Second Appeals, requirement of funds/equalization of the same, staff etc and at paragraphs 1, 4, 8 to 11 detailed as hereunder:

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“1. The Honourable High Court vide Order dated 13.02.2019 had declared the Permanent Lok Adalath as the Second Appellate Authority in the Grievance Redressal Mechanism with regard to the claim of disaster victims and any aggrieved person, on any adverse order passed by the First Appellate Authority can prefer appeal before the Permanent Lok Adalath. Accordingly the PLA Ernakulam had received 3494 appeals as on today. Almost 40,000 claimants had already approached the DLSA, Ernakulam and assistance is being given to file appeal with the help of

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PLVS. Similarly almost 15,000 appeals were received in the office of DLSA Alappuzha and almost 15,000 appeals in the office of DLSA Trichur. It is expected that almost one lakh applications will be received in the said matter during the current year. PLA Trivandrum and PLA Kozhikode had not received any Second Appeal arising from the flood related matters.

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It is respectfully submitted that almost 2000 Second Appeals arising from the flood related matters is expected to be filed in PLA Kozhikode and 1000 Appeals in PLA, Trivandrum. Considering the low pendency of cases in Permanent Lok Adalath, Thiruvananthapuram and Kozhikode when compared to permanent Lok Adalat, Ernakulam, the State Authority is of the opinion that Permanent Lok Adalath at Thiruvananthapuram and Kozhikode can be directed to conduct sitting at Ernakulam for considering the second appeals arising from the, flood related matters, at least for a period of 6 months, provided this Hon'ble High Court pass an order to that effect. It is also respectfully submitted that the Member Secretary had discussed with the District collector, Ernakulam for conducting adalath to consider the second appeals arising from the flood related matters and the District Collector had assured all assistance for the smooth conduct of the aforesaid proposed Adalath.

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It is respectfully submitted that the infrastructure of the PLA like furniture etc. can be met from the Head of Account "2014-00-114-92-67- Basic amenities to public". The budget allocation under the same is Rs.16.25 lakhs. But the furniture, shelf etc was not purchased by the PLA due to space constraints in the existing office of PLA.

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The ADR building in which PLA is situated was set up in 2014, utilising the fund of 13th Finance Commission. The area allotted for the functioning of PLA is only 660 sq.ft in the ground floor of the ADR Centre at District Court, Annex, Kaloor along with Adalath Hall of the TLSC, Kanayanoor. The office of DLSA, Ernakulam, TLSC, Kanayannur and District Mediation Centre are housed in the 1st floor of above said ADR centre. There is no other space available in the ADR Building for the use of PLA at the disposal of this State Authority. Hence a building having an area minimum of 1200 Sq.Ft is required for the use of PLA Ernakulam, for dealing with flood related appeals and the same may be arranged by the State Government.

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Similarly the Chairman, PLA has requested for necessary staff to deal with Appeals relating to flood related matters. Even if the staff of other PLAS are deployed to PLA Ernakulam, on work arrangement basis that is not sufficient to handle 100000 Appeals relating to flood related matters. Hence necessary

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WP(C).No.28093 OF 2018(S)

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sanction may be given by the Government to employ additional staff of 5 Clerical Assistants, 2 Stenographers and 1 Typist to PLA and 2 Office Attendants in PLA, Ernakulam to deal with Appeals relating to flood related matters. This State authority had already given direction to appoint a suitable person as Head Clerk and Confidential Assistant on daily wages in accordance with the G.O. No. 81/2019/Fin dated 09.07.2019.

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Moreover an additional fund of Rs. 5 Lakhs is required under the Head of the Account 2014-00-11492-99- information Technology" towards purchase computers, printers and scanners. Similarly an additional amount of Rs.1.5 lakhs is required under the Head of Account 2014-00-114-92-05-04-Office Expenses” to meet the office expenses like postage, cover, paper peripherals etc.”

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Mr. Ranjith Thampan, learned Additional Advocate General is requested to get appropriate instructions from the Government, so as to enable the concerned District Legal Services Authority to start the process of scrutiny of the appeals, preparation of a database, fixing specific time for hearing and disposal of appeals, etc.”

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On this day, when the matter came up for further hearing,

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WP(C).No.28093 OF 2018(S)

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inviting attention of this Court to the communication dated 01.02.2020 of the Principal Secretary to the Government, Disaster Management (A) Department addressed to the learned Additional Advocate General, Ernakulam and also a proceeding (D5-11111/18 dated 04.02.2020) of the District Collector, Ernakulam, the learned Additional Advocate General submitted that though an appeal was preferred as against the order of this Court for constitution of a second appellate forum to redress the grievances of the flood victims, before the Hon'ble Supreme Court in SLP, which is pending, but as per orders issued periodically by this Court, the Government have decided to make arrangements for providing three persons for 90 days as Secretariat Assistants to District Legal Service Authority for the scrutiny of the appeals related to flood. Such arrangement would be purely temporary and that services would be discontinued thereafter. It is further submitted that there are paralegal volunteers attached to the Office of the District Legal Service Authority, Ernakulam for scrutiny of the applications and such other connected matters and their services can be utilised and in such circumstances, the request of the District Legal Service Authority to provide more staff need not be considered.

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Though the Chairman, District Legal Service Authority,

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Ernakulam has submitted a report, which has already been taken note of by this Court, wherein it is stated that an additional fund of Rs.5,00,000/- is required under the Head of the Account “2014-00-11492-99-Information Technology” towards purchase of computers, printers and scanners and a further sum of Rs.1,50,000/- under the Head of Account “2014-00-114-92-05-04-Office Expenses” to meet the office expenses like postage, cover, paper peripherals etc., there is no specific answer in the letter dated 01.02.2020 of the Principal Secretary to Government, Disaster Management (A) Department, Thiruvananthapuram.

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Though Sri.Renjith Thampan, learned Additional Advocate General, submitted that computers, printers and other peripherals available in the Office of the permanent Legal Services Authority and the same can be used for scrutiny of the appeals, preparation of database etc., we are not in agreement with the said submission. Equipments quoted are required for the purpose of registering of the details and preparation of database etc., so as to facilitate fixing of a specific time limit for hearing and disposing of a large number of appeals. Mere provision of temporary staff of three persons is not sufficient for the above said purposes and therefore, we direct the

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WP(C).No.28093 OF 2018(S)

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Government to provide additional fund of Rs.5,00,000/- under the Head of the Account “2014-00-114-92-99-Information Technology” towards purchase of computers, printers and scanners and a further sum of Rs.1,50,000/- under the Head of Account “2014-00-114-92-0504-Office Expenses” immediately.

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KELSA is stated to be functioning under the Secretary to the Government, Law Department. Therefore, funding has to be done by the Law Department in coordination with the Finance Department, Government of Kerala. Chief Secretary, Government of Kerala, Thiruvananthapuram – 2^nd respondent – is also directed to ensure that the above said amount is disbursed to KELSA within ten days from the date of receipt of a copy of this judgment, so as to enable the Second Appellate Forum to be functional at the earliest.

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Going through the averments made in the writ petition and the report, we are of the view that the grievance urged in this public interest litigation is substantially redressed and therefore, it is not necessary to retain the writ petition. However, to monitor the steps undertaken, i.e., redressing the grievance of the public affected due to flood, we hereby direct Sri.T.K.Nizar Ahmead, Member Secretary of the Kerala State Legal Service Authority and the Chief Secretary to

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Government of Kerala, Thiruvananthapuram – the 2^nd respondent – to file progress/status report, within three months from today.

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Writ petition is disposed of accordingly.

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Registry is directed to post the writ petition after three months from today for submission of reports as stated above. Registry is also directed to furnish a copy of this judgment to the Member Secretary, Kerala State Legal Services Authority. KELSA is permitted to address the Government for implementation of the orders passed.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

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SHAJI P.CHALY JUDGE

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Bka/05.02.2020

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WP(C).No.28093 OF 2018(S)

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APPENDIX OF WP(C) 28093/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE OFFICIAL FACE BOOK PAGE OF THE MEMBER OF LEGISLATIVE ASSEMBLY, SRI.SAJI CHERIAN WITH TRANSLATION.
EXHIBIT P2	TRUE COPY OF THE INTERIM ORDER DATED 16.8.2018 OF THIS HON'BLE COURT IN THE SUO MOTO PROCEEDINGS.
EXHIBIT P3	TRUE COPY OF THE NEWS ITEM APPEARED IN NEW INDIAN EXPRESS.COM, THE ONLINE PORTAL OF INDIAN EXPRESS NEWS PAPER.
EXHIBIT P4	TRUE COPY OF THE RELEVANT PAGES OF THE REPORT DATED 30/01/2007 PREPARED BY DR. VIJAYANUNNI COMMISSION REGARDING THE ALLEGED MUSUTILIZATION OF TSUNAMI FUNDS.
EXHIBIT P5	TRUE COPY OF THE NEWS ITEM REPORTED IN MALAYALA MANORAMA DAILY DATED 25/08/2018 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P6	TRUE COPY OF THE NEWS ITEM REPORTE DIN MALAYALA MANORAMA DAILY DATED 25/08/2018 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P7	TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, DEVIKULAM DATED 24/08/2018.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1	NIL.
EXHIBIT R2	NIL.
EXHIBIT R2 (A)	A COPY OF THE REPRESENTATION SUBMITTED
	BY THE STATE GOVERNMENT ON 18/08/2018
	DURING THE VISIT OF THE HONOURABLE PRIME
	MINISTER.

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EXHIBIT R2 (B) A COPY OF THE OPINION DATED 25/08/2018 RECORDED BY MR. BANKU BIHARI SARKAR, A MEMBER OF UNICEF TEAM IN THE VISITORS BOOK KEPT IN ONE THE RELIEF CAMPS FUNCTIONING IN ALAPPUZHA (WITH LEGIBLE COPY). EXHIBIT R2 (C) A COPY OF THE MAP SHOWING THE FLOOD AFFECTED AREA IN KERALA DURING SOUTH WESTERN MONSOON (JULY-AUTUST, 2018) CAPTURED BY NATIONAL REMOTE SENSING CENTRE.

Shibi A.A v. Union of India

Case brief

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What did the court decide?

Shibi A.A v. Union of India

Case brief

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