Dismissed

M.E.Raja v. The State of Tamil Nadu

Madras HC7 Jun 2019WP/11623/2018

Case brief

AI extract

What is this about?

Writ petition seeking mandamus directing the State and Director of Fisheries to pay oil spill compensation to fishermen of three coastal districts without insisting on membership of fishermen societies. The court found wide publicity had been given and that 11,342 non-society members were already compensated, holding the petitioner's grounds factually erroneous. Writ petition dismissed.

What the court decided

AI extract

M.E.Raja Vs The State of Tamil Nadu — Environment and Pollution | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.06.2019 CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.11623 of 2018 and WMP No.13628 of 2018

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M.E.Raja National Secretary, National Union of Fishermen (Regd.No.1512/1985) No.26, A.J.Colony, 2nd Street, Royapuram, Chennai - 600 013. .. Petitioner Vs.

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The State of Tamil Nadu, Represented by its Principal Secretary to Government, Environment and Forest Department, Fort St. George, Secretariat, Chennai.

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The Director of Fisheries, 485, 5th Floor, MTB Building, Anna Salai, Anna Colony, Nandanam, Chennai.

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The Director General of Shipping, Beta Building, 9th Floor, I-Think Techno Campus, Kanjurmarg (East) Mumbai - 400 042. .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus, directing the respondents 1 and 2 to grant compensation to the fishermen from the three district of Chennai, Kanchipuram, Thiruvallur affected by the Oil Spill caused on 28.01.2017 without insisting for Membership from Fishermen Societies.

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For Petitioners : Mr.M.Nandakumar For Respondents : Mr.E.Manoharan R1 and R2 Additional Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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(Order of this Court was made by S.MANIKUMAR, J.)

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Claiming to be the Secretary of the National Union of Fishermen, Mr.E.Raja, has filed the instant writ petition for a writ of mandamus, directing the Principal Secretary to the Government, Environment and Forest Department, Chennai and the Director of Fisheries, Chennai, respondents 1 and 2 respectively, to grant compensation to the fishermen from three districts, viz., Chennai, Kanchipuram, Thiruvallur, said to be affected by the Oil Spill caused on 28.01.2017 without insisting for the Membership from Fishermen Societies.

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2. Supporting the prayer sought for, in the affidavit to the writ petition, the petitioner has averred as follows:

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(i) As per the information obtained through various press releases and on direct investigation, on 28 th January 2017, two ships vessel collided near Ennore Port, Chennai within the territorial waters of India and this resulted in leakage of crude oil from the vessel 'DAWN KANCHIPURAM', which is reported to be a fully loaded tanker vessel carrying tonnes of oil and the said vessel was weighing a Gross Tonnage of 29141 tonnes.

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(ii) Co llision resulted in leakage of oil, which the authorities initially claimed to be One tonne crude oil that started spreading on the sea water and within one day, it reached the shores of Ennore beach and Port resulting in death of many turtles and fishes. Leaking oil on the sea water makes it difficult for the fishes and other organisms to breath, as the oil spill on the water will not allow oxygen to mix with water resulting in suffocation for marine lives. Also, the viscosity and high adhesive nature of the oil causes it to attach instantly onto all matters except water and remains very difficult remove from such matters even with the help of soap or other such washing agents. Further, this has completely stopped the fishermen in the region to venture out in the sea, as almost all the fish in sea covered with the oil spill have either died, due to oil spill or ran fled away into deep sea. Statutory authorities either had incompetent machines or no machines at all, for cleaning out the oil spill. But it is everyone's knowledge that public spirted citizens have participated in the cleaning operations by using bare hands and water buckets.

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(iii) It is revealed that Indian authorities lack even the basic and rudimentary facilities to pump out oil spill and all the measures taken were totally haphazard and they have infact resulted in blowing out the proportions of oil spill to various regions. The workers who had little or no https://hcservices.ecourts.gov.in/hcservices/ experience faced an Himalayan task of clearing the oil and

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the workers also faced life hazard, as they are not equipped with protective measures for themselves to keep safe from the hazards that may arise while cleaning the oil spill. It is also noted that the submersible pumps used by the authorities have broken down to due to the heavy and excessive oil spill. The workers were forced to use small pipe hoses to suck oil spill and they were seen using shovel to remove the thick oil spills.

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(iv) The respondents ought to have taken cognizance of the accident in pursuance of the clear dictum of Hon'ble Supreme Court of India in Vellore Citizen's Welfare Forum's case on the principle of "polluter pays". Further, as the collision caused very minimal damage to the 7^th respondent vessel and at any time, it could flee away from the Indian waters, hence on 01.02.2017, petitioner filed a writ petition in W.P.No.2662 of 2017 to pass an order of direction to the official respondents to take steps against the ships and to take steps for initiating the prosecution and to recover costs from the erring parties and protect the interests of Indian fishermen and to save sea lives.

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(v) When the writ petition was listed before this Court on 03.02.2017 it was reported in the news channels that FIR was registered by the Minjur Police Station against the ships and the officila respondents have taken custody of the two ships. Taking cognisance of the public interest involved in the case, this Court passed the following order on 03.02.2017,

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"We are of the view that no direction can be issued in the matter except to observe that the State Government may look into the issue urgently to take such steps as deemed proper in the given situation, especially keeping in mind that as per the petitioner there have been some recent developments in terms of registration of FIR and some action post filing of the petition."

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(vi) The magnitude of the oil spill is so huge that it can even affect the marine life for many years. For instance, the Florida Oil Spill (known as BP spill) in the year 2010 still had effects on the fishes caught in the area in the year 2015. It is pertinent that Department of Justice had agreed to a record-setting 4.525 billion US Dollars in fines and other payments. The petitioner has further stated that on par with United States, the respondents also should have initiated emergent action to prevent any mischief by oil spill, so that the owners and other parties interested in the vessel can be brought before justice system in India, as the fish catching in the area was reduced, to an extent of 80%, and resulted in loss of livelihood for all the fishermen in the area.

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https://hcservices.ecourts.gov.in/hcservices/

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(vii) In the mean time, the Director General of Shipping, Mumbai, 3rd respondent has granted no objection certificate to release the vessel BW MAPLE, which necessiated the petitioner to file W.P.No.25813 of 2017, challenging the No Objection certificate and this Cout disposed of the above writ petition with the following observations,

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"21.A report has also been submitted by the Directorate General of Shipping, wherefrom it appears that the collision between the vessels MT DAWN KANCHIPURAM and BW MAPLE resulted in rupture of the tanks on the portside of the vessel MT DAWN KANCHIPURAM, which resulted in oil spill. Both the vessels had been restrained from leaving the Port without permission. In view of the oil spill incident, teams had been mobilised for clean up operations by various authorities and agencies including the Ports, Oil companies, Coast Guard, various departments of the State Government as well as the owner of the vessel MT DAWN KANCHIPURAM. From the report, it appears that the vessel BW MAPLE have provided a bank guarantee of an amount of Rs.203,22,00,000/- (Rupees two hundred and three crore and twenty two lakhs only) which, as per this report, covers the sum total of the claims of the fishermen.

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27.On the prayer made on behalf of the petitioner as also the two vessels, we direct the respective authorities, namely, the police and the Directorate General of Shipping to complete the investigation, including the internal investigation for fixing the responsibility for the oil spillage, at the earliest, preferably within four (4) weeks from date."

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(viii) Cases are pending against the vessels, before the National Green Tribunal, Chennai for compensation claimed on behalf of fishermen. In the meantime, NGT Southern Bench is not functioning as the office of Presiding Officer fell vacant. In the meantime, owners of the vessel DAWN KANCHIPURAM seemed to have filed a writ petition praying for the release of the vessel and orders were passed in WP.No.2979 of 2018 as against which the writ petitioner therein had preferred a writ appeal in WA No.537 of 2018.

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(ix) The petitioner has contended that it seems that a compromise was entered into between the two vessels and thereby a deposit of Rs.141 crores was made to Government of Tamilnadu. From the orders passed in W.A.No.537 of 2018, it transpired that the state government seemed to have written a letter dated 17.01.2018 wherein, Government have agreed to accept the payment of Rs.141 crores without prejudice to the claims of fishermen affected due to oil spill and on making https://hcservices.ecourts.gov.in/hcservices/ such payment, the bank guarantee made by BW MAPLE for a sum

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of Rs.203,22,00,000/- (Rupees two hundred and three crore and twenty two lakhs only) would be released. The petitioner has contended that he fails to understand as to how in the writ proceedings initiated by the Owners of Dawn Kanchipuram to release their vessel, Bank Guarantee furnished by BW MAPLE, has been directed to be released. In the mean time, another W.P.No.8249 of 2018 was filed, for distribution of compensation to the fishermen and this Court on 12.04.2018 passed the following orders.

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"20. Inasmuch as the report has already been submitted by the Secretary to the Department, Fisheries Department, second respondent, we direct scrutiny and approval be granted, as expeditiously as possible. Preparation of de-duplication process be completed as expeditiously as possible. Disbursement of due compensation to those eligible be done by the Director of Fisheries, Chennai, within four weeks from today."

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(x) According to the petitioner, even as on the date of the abovesaid orders, the stand of the State Government was that they have yet to finalise the claims of the fishermen and this makes a reasonable apprehension by any prudent man as to how in the month of January 2018, the state Government have agreed to accept a sum of Rs.141 crores as compensation. Be that as it may, on 21.04.2018, the state government have started distribution of compensation.

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(xi) Even as on today, respondents 1 and 2 have not published the names of the fishermen entitled for compensation and there is no transparent method followed by the respondents 1 and 2. The petitioner fails to understand as to how the list was prepared without even hearing the grievances of the fishermen. There was no public notice for any public hearing or public opinion to spell out the grievances of the fishermen. Hence there is imminent need for transparency in awarding compensation to the fishermen.

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(xii) The Director of Fisheries, Chennai, 2^nd respondent has informed the writ petitioner and other officer bearers that the fishermen holding membership in the Fishermen Societies alone will be given compensation, but boat owners, even without membership were given compensation. It is pertinent to point out that the membership to the Societies have been stopped for eight years and therefore, as on today, all the fishermen aged from 18 to 23 are not the members of the society and all of them have been denied compensation. Further, there is a age limit, to become a member, in the society and anyone crossing the age of 60 will be stripped off their membership. However, it is a ground reality that fishermen continue to do their work even after 60 years of age as it is their only livlihood and there is no benefit for their old age. All the fishermen aged more than 60 are also not given compensation.

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https://hcservices.ecourts.gov.in/hcservices/

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(xiii) On 20.04.2018, on hearing the news about the disbursal of compensation in the news channels, the petitioner has submitted a memorandum of representation to the Director of Fisheries, Chennai, 2^nd respondent, in person to consider the grant of compensation to the fishermen who are not members of the fishermen societies. There are more than one lakh fishermen in the three districts of Chennai, Thiruvallur and Kanchipuram, without Membership of the Fishermen Societies, whereas all of them have their Fishermen Cards issued by the authorities. Therefore there is no reason to exclude the fishermen from grant of compensation who are not holding the membership of the fishermen societies.

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Status reports were filed by the Joint Director of Fisheries (Regional), Chennai and Additional Director of Fisheries, Marine, Chennai. Thereafter, on 13.03.2019, this Court passed the following orders.

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"In a public interest writ petition No.8249 of 2018, filed by one Meenava Thanthai K.R.Selvaraj Kumar, represented by its President Mr.M.R.Thiyagarajan, but subsequently, vide, order, dated 12/4/2018, treated as suo motu writ petition and taking note of an earlier order of this Court, made in W.A.No.537 of 2018, dated 13/3/2018, a Hon'ble Division Bench of this Court, to which one of us is a party (Mr.Justice S.Manikumar), passed the following order:-

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“9. Inviting the attention of this Court to a decision of the Hon'ble Division Bench, in W.A.No.537 of 2018, dated 13/3/2018, learned Additional Government Pleader submitted that Indian Ocean Shipping Private Limited, Mumbai and Owners of BW MAPLE, appellant and fourth respondent, respectively, in W.A.No.537 of 2018, have entered into a compromise, dated 2/3/2018. Joint Memo of Compromise, dated 2/3/2018, reads as follows:-

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"1. The U.K. P & I Club, on behalf of the Owners of LPGC BW Maple and the M.T.Dawn Kanchipuram, shall deposit a sum of Rs.141 Crores, strictly without prejudice, towards the various claims lodged by the fishermen and their Associations for a sum of Rs.240 Crores, preferred by the Government of Tamil Nadu, including the restoration claims of Rs.10 Crores, with such deposit being made within 14 days from the date on which an order is passed by this Hon'ble Court in this Memo.

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To secure the remaining claims out of the total claim of Rs.240 Crores preferred by the Government of Tamil Nadu before the Hon'ble National Green Tribunal, Southern Zonal Bench and https://hcservices.ecourts.gov.in/hcservices/ in addition to what is stated in paragraph 1

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above, the U.K. P & I Club and the Steamship Mutual Underwriting Association Limited, shall, on behalf of the Owners of both the LPGC BW Maple and M.T.Dawn Kanchipuram, also arrange for the execution of a Bank Guarantee for a sum of Rs.84 Crores (Rs.99 Crores less Rs.15 Crores paid earlier by the Steamship Mutual Underwriting Association Limited) in favour of Government of Tamil Nadu represented by the Director of Fisheries within 21 days from the terms of such Bank Guarantee being mutually agreed.

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The petitioner shall comply with the condition stipulated by the 1st respondent herein the Memo filed before this Hon'ble Court dated 13.02.2018. The petitioner shall furnish a Bank Guarantee of Rs.5.68 Crores towards the claim of the Department of Environment paid by Kamarajar Port Ltd., as stated in the said memo within 7 days from the date of receipt of the copy of the order of this Hon'ble Court passed on the memo filed herein and keep the said Bank Guarantee alive until the claim secured by the said guarantee is finally decided by a competent court or settled.

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Upon compliance of clauses 1, 2 and 3 above, the Director General of Shipping shall return to the U.K. P & I Club the Bank Guarantee dated 31.08.2017 executed by Kotak Mahindra Bank Ltd., along with the covering letter confirming the return/discharge of the said Bank Guarantee at the earliest.

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Upon compliance with clauses 1, 2 and 3 above, the Vessel Dawn Kanchipuram shall be permitted to immediately sail out from Kamarajar Port Ltd., Ennore, and the 2nd and 3rd respondents shall on demand provide their clearance and consent to the 1st respondent so as to enable the Dawn Kanchipuram to sail.

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Since the Hon'ble National Green Tribunal, Southern Zonal Bench has directed, in Application Nos.14, 16, 38 and 40 of 2017, the Fisheries Department, Government of Tamil Nadu, to entertain, appraise and disburse the claims of the fishermen and their Associations, the Government of Tamil Nadu would do so upon the sum of Rs.141 Crores being deposited with them."

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Learned Additional Government Pleader further submitted that interim deposit of Rs.15 crores was made. Pursuant to the order of the Hon'ble Division Bench, in W.A.No.537 of 2018, dated 13/3/2018, on 19/3/2018, a Committee with six members under the Chairmanship of Additional Director of Fisheries was formed to suggest suitable ways to calculate the compensation

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https://hcservices.ecourts.gov.in/hcservices/

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amount to be given to different categories of fisher folk affected by Oil spill, viz., fishing labourers, fisherwomen, engaged in fishing allied activities, fish vendors, fisheries allied activity labourer, mechanised fishing boat owner, motorized country craft owner and non motorized country craft owner.

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Learned Additional Government Pleader further submitted that the said Committee has submitted a report. It is also his further submission that a Committee has been formed to prepare blank data format, which contains the details of Society number, ration card number, Bank Account number and Adhar number. Deduplication process is also under preparation. Fisheries Department, Government of Tamil Nadu is taking appropriate steps to disburse the amount of Rs.141 crores to the oil spill affected eligible claimants through their Bank Account.

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He further submitted that considering the innumerable applications, reasonable time be granted for disbursement of compensation amount to the eligible category of persons.

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Heard the learned counsel for the parties and perused the materials available on record.

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Fact that National Green Tribunal (South Zone), Chennai, is not functioning, is admitted. Periodical interim orders passed by the National Green Tribunal (South Zone), Chennai, in Application Nos.14, 16, 38 and 40 of 2015, are extracted hereunder:Order dated 26/4/2017

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“The learned counsel appearing for the applicant in Application No.14/2017 viz., Meenava Thanthai K.R.Selvarajkumar, Meenavar Nala Sangam would submit that in none of the meetings conducted either by the Department of Fisheries or by D.G.Shipping, the said Association was invited. According to him it is because of that reason office bearers of the Association which is registered under Tamil Nadu Societies Registration Act, were unable to participate. It is true that the Department of Fisheries has arrived at a tentative figure of Rs.135.35 crores to be the compensation amount.

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Mr.Manoharan, Additional Government Pleader would submit that this amount has been arrived at based on the records available with the State Government. We are of the view that in the light of stand taken by the applicant Association in O.A.No.14 of 2017 that they have not been offered to participated in the public hearing to explain https://hcservices.ecourts.gov.in/hcservices/ their grievances, the Department of Fisheries

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shall permit the said Association also to putforth their claim. We make it clear that the said Society shall through the Authorised Representative, make it claim to the Department of Fisheries within a period of 2 weeks from today. After receipt of the said claim, the Department of Fisheries after making study, shall fix a date and make an enquiry so as to arrive at an appropriate quantum of compensation to be recovered from the ship owners. Needless to state such claims which may be made by the said Association or any other person shall be substantiated with records.

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It is pertinent to note that the aforesaid amount of Rs.135.35 crores has been arrived at by the Department of Fisheries immediately after the occurrence of the incident as it is seen in the letter of Principal Secretary, Animal Husbandry, Dairying & Fisheries Department to Government addressed to the Director General of Shipping, dated 7/2/2017. Therefore, it is incumbent on the part of the Department of Fisheries to arrive at a final amount of compensation to be paid after conducting proper enquiry and finalising the list of person who are affected. We make it clear that any person who is affected, shall make his/her application within two weeks from today and shall be finalised by the Fisheries Department so as to arrive at a proper conclusion.” Order dated 12/9/2017

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“We have heard the learned counsel appearing for the parties.

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Mr.Manoharan, learned Additional Government Pleader submits that around 1,21,051 applications have been received and the process of categorisation and approving of the claims are pending. He also submits that by the next date of hearing the entire particulars relating to the list of persons affected etc., will be furnished before the Tribunal.

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We make it clear that the Department of Fisheries shall nominate suitable officers for the purpose of scrutinising and finalising the claims of the applicants and it has to be categorically stated in respect of each of the applicants viz., the nature of claim, amount received so far and other particulars relating to their identify etc., and such particulars shall be expedited and furnished in respect of all the claimants by the next date of hearing. If required, special cell may be created and officers from other Districts may be deputed for https://hcservices.ecourts.gov.in/hcservices/ the purpose.

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In so far as it relates to the investigation regarding the accident, we have already directed in our letter dated 26/4/2017 that the Government should take appropriate steps for the purpose of conducting investigation by property trained police officers. In our subsequent order dated 6/7/2017, we have also clarified that the Government should get the assistance from the experts specialised in the field and file a status report on the next date of hearing. The learned Additional Government Pleader would submit that the status report in this regard will be filed on the next date of hearing.” Order dated 8/11/2017

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“The learned counsel appearing for the applicant submits that as 10 months have already elapsed from the date of the incident, at least part of the compensation may be paid. When there is a dispute with regard to the identity of the applicants and the details of the damages claimed, we cannot direct payments of interim compensation at this stage. At the same time, taking into consideration of the fact that the incident occurred 10 months earlier, necessary interim payment could be paid where there is no dispute with regard to the identity of the applicants as well as the quantum of damages sustained. The State Government is directed to consider this aspect and decide on the issue of payment of interim compensation, if interim compensation is not so far disbursed.”

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Order dated 14/12/2017

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“It is submitted by Mr.Kalaiselvan, learned counsel appearing for the applicant that by order, dated 26/4/2017 that a Committee has been constituted to conduct an enquiry about the cause of the accident and a FIR has already been registered and a report would be submitted to the D.G.Shipping and appropriate decision will be taken and report would be filed. A team consisting of properly trained officers were directed to inspect and nothing has been revealed about it before this Tribunal. Respondent No.2 is directed to furnish the stage of the investigation and file the report before the next date of posting.

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It is pointed out by Mr.Yogeshwaran, learned counsel appearing for the applicant that the National Oil Spill Disaster Contingencies Plan has to be reviewed by the D.G.Shipping and nothing is done thereafter.”

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On 14/12/2017, Registry of the National Green Tribunal (South Zone), has been directed to https://hcservices.ecourts.gov.in/hcservices/ place the matter on 30/1/2018. However, for the

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reasons stated supra, there was no hearing thereafter. 15. Section 26 of the National Green Tribunal Act, 2010, reads thus:-

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Penalty for failure to comply with orders of Tribunal.

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(1) Whoever, fails to comply with any order or award or decision of the Tribunal under this Act, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten crore rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention:Provided that in case a company fails to comply with any order or award or a decision of the Tribunal under this Act, such company shall be punishable with fine which may extend to twenty-five crore rupees, and in case the failure or contravention continues, with additional fine which may extend to one lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention.(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be deemed to be non-cognizable within the meaning of the said Code.

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Contention of the petitioner is that his representation, dated 10/5/2017 has not been considered and thus, left with no other alternate remedy, he has approached this Court, for the issuance of a writ of mandamus

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As rightly pointed out by the learned Additional Government Pleader, after 10/5/2017, National Green Tribunal (South Zone) has passed several orders.

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Non-disbursement of compensation has been brought to the notice of this Court. Though Section 26 of the National Green Tribunal Act, 2010, envisages penal action, for non-compliance of the order or decision of the National Green Tribunal (South Zone), Rs.141 crores has now been deposited with the Government by the insurers of the ships involved and meant for disbursing the same to the above said category of persons. As on date, National Green Tribunal (South Zone) is not functioning. About 1,12,051 applications have been received. We cannot expect all the applicants to move the Principal Bench at Delhi, for suitable orders. Government have already constituted a Committee, which has

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https://hcservices.ecourts.gov.in/hcservices/

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submitted its report. Government is stated to be scrutinising the report of the committee. Blank data format has already been prepared for deduplication. Taking note of the orders of the National Green Tribunal (South Zone), extracted supra and of the fact that responding to the directions, steps have been taken, though claim of the petitioner is in the nature of public interest, on the basis of the representation, dated 10/5/2017, mandamus cannot be issued. However, having regard to the fact that large number of fishermen are affected, due to the collision of the ships and oil spillage, this Court, in exercise of the powers under Article 226 of the Constitution of India, entertains the suo motu Public Interest Litigation, based on the information.

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It is submitted that the Director of Fisheries is the competent authority, to disburse the compensation to the eligible persons, and he is not a party. To enable disbursement by a competent authority, in exercise of powers under Article 226 of the Constitution of India, we suo motu implead the Director of Fisheries, Chennai, as ninth respondent.

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Inasmuch as the report has already been submitted by the Secretary to the Department, Fisheries Department, second respondent, we direct scrutiny and approval be granted, as expeditiously as possible. Preparation of deduplication process be completed as expeditiously as possible. Disbursement of due compensation to those eligible be done by the Director of Fisheries, Chennai, within four weeks from today.

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With the above directions, suo motu, public interest writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.”

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Contending inter alia that National Union of Fishermen, registered under the Trade Unions Act, 1926, had become defunct and that nearly 4000 fishermen, members of the said Society have not been paid adequate compensation, instant writ petition has been filed, to direct the respondents 1 and 2, to grant compensation to the fishermen, from the three Districts - Chennai, Kancheepuram, Thiruvallur, affected by the Oil Spill caused on 28/1/2017, without insisting for Membership from Fishermen Societies.

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According to the petitioner, Mr.M.E.Raja, members of the said defunct society, were not aware that applications, claiming compensation should be filed within the specified

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https://hcservices.ecourts.gov.in/hcservices/

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date and hence they could not receive compensation, though they have suffered damages. 4. Additional Director of Fisheries, Marine, Chennai, has filed a status report, dated Nil, which is extracted hereunder:-

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“3. It is respectfully submitted that two Merchant ships viz., M.T.BW.Maple and M.T.Dawn, Kancheepuram, accidentally collided off the Kamarajar Port, Ennore, Tamil Nadu, on 28/1/2017. Due to this accident, thee was an oil spill of bunker oil which spread across the sea and the seashores of Thiruvallur, Chennai and Kancheepuram Districts of Tamil Nadu.

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It is respectfully submitted that in order to assess the exact quantum of loss sustained by the fishermen, claim forms duly approved by the Insurance company of the Shipping Companies were distributed to fishermen through the Fishermen Cooperative Societies and also from various sectors such as Fishing Labourer, Fisherwomen in Fisheries allied activities, Allied Activity Labourer, Fish vendors from the owners of Motorised Boats, Non Motorised Boat owner and mechanised boats. Applications were collected from 22/2/2017 to 30/3/2017 by teams comprising than 65 Department of Fisheries officials. The claims were consolidated for each fishermen co-operative society.

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It is respectfully submitted that the team reports were consolidated and the proposal was sent to Government for Rs.203.225 crores for providing compensation to 1,12,051 affected fishermen. Accordingly, the Government of Tamil Nadu preferred a claim for compensation and relief assistance of Rs.203.225 crore.

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It is respectfully submitted that considering the time delay in getting compensation from insurance companies and in view of livelihood loss of the fisherman and to provide immediate relief, the State Government vide Government Order (MS.) No.58 Animal Husbandry Dairying and Fisheries (FS3) Department dated 3/3/2017, sanctioned a sum of Rs.15 crore at the rate of Rs.5,000/- each to the 30,000 affected fishermen families. The same has been disbursed to bank accounts of 29,769 beneficiaries.

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It is respectfully submitted that apart from this, a sum of Rs.75.00 lakh has been sanctioned by the Government of Tamil Nadu as advance in anticipation of release of funds under Corporate Social Responsibility (CSR) fund as agreed by the shipping companies towards the construction of fish markets at 2 places. The

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https://hcservices.ecourts.gov.in/hcservices/

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Shipping companies has released a sum of Rs.97,95,682/- (Rupees Ninety seven lakhs ninety five thousand six hundred and eighty two only) on 24/3/2017 under Corporate Social Responsibility Fund as agreed by the shipping companies.

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It is respectfully submitted that in the meantime, petitions were filed before the Hon'ble National Green Tribunal, Southern Zone at Chennai by Meenavarthanthai Selvarajkumar with application O.A.No.14 of 2017. The Hon'ble Tribunal, directed the Department to permit the affected persons to make their claim upto 10/8/2017 and make required study, conduct enquiries to arrive at an appropriate quantum of compensation to be recovered from the ship owners.

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It is respectfully submitted that on the directions of the Hon'ble Tribunal, a team with the officials of the Fisheries Department was constituted to receive the applications from the affected fishermen who have not filed their claim earlier. Based on the scrutiny of applications received on the direction of Hon'ble National Green Tribunal, Southern Zone out of 21,382 claims received from petitioner 18,416 number of applications were already received through Cooperative Societies and found duplicate and 524 applications rejected and 2,442 applications were accepted and a revised claim of Rs.240 crore has been submitted to the Hon'ble National Green Tribunal, Southern Zone.

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It is respectfully submitted that as per the orders of Hon'ble High Court, Madras in W.P.No.2979 of 2018 and W.P.No.2979 of 2018, an amount of Rs.141 crores (including Rs.10 crore for restoration works) received from steamship on 28/3/2018. An irrevocable B.G worth 84 crore also obtained from the Shipping Company as per the Court directive.

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It is respectfully submitted that so far, a relief recommendation Committee with 6 members under the Chairmanship of Additional Director of Fisheries was formed to suggest suitable ways to calculate the compensation amount to different categories of fisher folk affected by oil spill.

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S.No.	Name of the Officer
1	Additional Director of Fisheries/Managing Director – TAFCOFED	Member
2	Joint Director of Fisheries (Regional), Chennai	Member

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https://hcservices.ecourts.g ov.in/hcservices/

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S.No. Name of the Officer
3 Assistant Director of Fisheries, Thiruvallur Member
4 Assistant Director of Fisheries, Chennai Member
5 Assistant Director of Fisheries, Fishing Harbour Management Wing, Chennai Member
6 Assistant Director of Fisheries, Kancheepuram Member
12. It is respectfully submitted that the
Relief Recommendation Committee recommended seven categories to give compensation amount, as given bl-
eow: S.No. Name of the Category Recommended amount by Committee (Rs.)
1 Fishing Laborer 12,000
2 Fisherwomen in Fisheries allied activities 10,000
3 Allied Activity Laborer 10,000
4 Fish Vendors 10,000
5 Motorised Boat Owner 20,000
6 Non Motorised Boat owner 15,000
7 Mechanised Boat owner 35,000
13. It is respectfully submitted that
Bank data format with all the details i.e., with society number, ration card number, Bank
account number and Aadhar number was prepared and completed deduplication process was done to
eliminate multiple entries. After
deduplication process, the relief amount has
been disbursed directly to the bank accounts of claimants though ECS. It is respectfully submitted that the
disbursement of relief amount to claimants
started from 25/4/2018. As on date, the relief
amount disbursed to the claimants is detailed below:-

¶95

https://hcservices.ecourts.gov.in/hcservices/

¶96

Name of No. of Amount Total
the persons released relief
category received per head amount
relief (in lakhs)
amount
Fishing 43,564 12,000 5,227,68
Laborer
Fisherwome 44,719 10,000 4,471.90
n in
Fisheries
allied
activities
Allied 1,691 10,000 169.10
activity
Laborer
Fish 8,737 10,000 873.70
vendors
Motorised 5,024 20,000 1,004.80
Boat owner
Non- 323 15,000 48.45
Motorised
Boat owner
Mechanised 914 35,000 319.90
Boat owner
Total 1,04,972 12,115,53
14. It is respectfully submitted that the
remaining 6,475 beneficiaries relief will be
disbursed after the receipt of Aadhar details
and bank details from them.
15. It is respectfully submitted that out
of total 1,11,447 oil spill relief claimants,
45,032 fishermen cooperative society members,
46,525 fisherwomen Co-operative Society members
who are all involved in Fisheries allied
activities, 5,372 motorised and non-motorised
owners.

¶97

It is respectfully submitted that 11,342 non-cooperative society members in the following category have been applied for compensation and included in the list.

¶98

Relief disbursement details of non co-operative members as on date (9/3/2019)

¶99

https://hcservices.ecourts.gov.in/hcservices/

¶100

S.No.	Name of the category	No. of beneficiaries	Total Relief amount (in lakhs)
1	Vendors	8,737	873.70
2	Allied activities	1,691	169.10
3	Mechanised boat owners	914	319.90
	Total	11,342	1,362.70

¶101

It is submitted that co-operative society members and all non-cooperative society members who suffered loss due to oil spill are covered. Sufficient time from 22/2/2017 to 30/3/2017 and as per the Hon'ble Green Tribunal, direction applications were received upto 10/8/2017. Hence the petitioner contention that non-society members were not considered for compensation is not correct.

¶102

As per the census of 2010, a total number of 37,829 families has been recorded in Thiruvallur, Chennai and Kancheepuram Districts. Oil Spill compensation application has been received from 1,11,448 fishers. Hence, the petitioner contention fishermen were excluded in Thiruvallur, Chennai and Kancheepuram District is not correct. Wide and ample opportunity was given to all to file claims to all the fishermen affected by oil spill and the entire process was monitored by Hon'ble NGT and the process was updated to Hon'ble NGT." 5. That apart, Mr.E.Manoharan, learned Additional Government Pleader submitted that applications from non cooperative Society members numbering 14,510 were also received, processed and 11,342 noncooperative members who have submitted proof of damages suffered along, with ration card number, bank account number, Aadhar card number have been paid compensation, after scrutinising the applications. He further submitted that 2168 beneficiaries are yet to be paid the relief fund through NEFT, after verification of other details to avoid duplication.

¶103

Status report and summary of the status report, as on 11/3/2019 submitted by the Assistant Director of Fisheries, Royapuram, Chennai, is reproduced and the same be treated as part of the record.

¶104

Status Report on Oil Spill – 11/3/2019

¶105

https://hcservices.ecourts.gov.in/hcservices/

¶106

14,510 Non-Co-operative Society members in the

¶107

category as below

¶108

S. No.	Name of the category	Total No. of beneficiari es	Relief amount received beneficiari es	Balance beneficiar ies to be released
1	Fish vendors	11711	8737	2974
2	Allied activities	1885	1691	194
3	Mechanised boat owners	914	914	0
	Total	14510	11342	3168

¶109

3168 beneficiaries remaining will also get the relief amount through NEFT after the submission of Aadhar number and deduplication process.

¶110

Relief Disbursement details of Non Co-operative members as on date

¶111

S.	Name of the	No	. of	Total Relief
No.	category	benef	iciarie s	amount (in lakhs)
1	Fish vendors	8737		873.70
2	Allied	1691		169.10
	activities
3	Mechanised boat owners	914		319.90
	Total	11342		1362.7

¶112

Yesterday, when the matter came up for hearing, we directed Mr.E.Manoharan, learned Additional Government Pleader to ascertain as to whether the claimants enclosed at page Nos.68 to 140 of the typed set of papers filed along with the writ petition would be permitted to file fresh applications as to their entitlement for payment of compensation under NEFT.

¶113

Reverting, learned Additional Government Pleader submitted that time has already been fixed by the National Green Tribunal, for submission of applications, from those who have suffered damages, due to oil spill and the time was also extended, after giving due publicity in the affected areas, Committees were constituted for the purpose of ascertaining the eligibility of the applicants, extent of damages and thereafter, amount arrived was disbursed, avoiding duplication and cross verification with Aadhar card, ration card and bank account. He

¶114

https://hcservices.ecourts.gov.in/hcservices/

¶115

further submitted that it would be difficult, at this juncture, to reconstitute the Committees and redo the entire exercise, for fresh applicants. He however, submitted that with the names available, in the typed set of papers filed along with the writ petition, cross verification could be done, with the details of those who are yet to be granted the relief fund, numbering 3,168, as per the summary report, submitted by the Assistant Director of Fisheries, Royapuram, Chennai.

¶116

In the light of the above submission, we only direct the Director of Fisheries, Chennai, second respondent, shall do the cross verification of the particulars already available with them duly assisted by the Assistant Director of Fisheries, Royapuram, with the details of the names of the erstwhile members of National Union of Fishermen, NUF, dated 15/12/1985, enclosed in pages from 68 to 140 of the typed set of papers filed along with the writ petition.

¶117

Petitioner is also directed to furnish the details of the applicants, so as to facilitate the exercise to be done, within a period of one week, from today. TDirector of Fisheries is directed to file a detailed report, after due verification, within a period of three weeks, thereafter."

¶118

Director of Fisheries, Chennai, the 2nd respondent, in the counter affidavit, has stated thus:

¶119

(i) Two Merchant ships viz. M.T. BW Maple and M.T. Dawn Kancheepuram accidentally collided near Kamarajar Port, Ennore, Tamil Nadu on 28.1.2017. Due to this accident, there was an oil spill of bunker oil which spread across the sea and seashores of Thiruvallur, Chennai and Kancheepuram districts of Tamil Nadu.

¶120

(ii)Thiru M.E.Raja, National Secretary, National Union of Fishermen, Royapuram, Chennai has filed a Writ petition (No. 11623 of 2018) before the Hon’ble High Court of Madras seeking for directions to the respondents, to grant compensation to the fishermen, from the three districts of Chennai, Kanchipuram and Tiruvallur, affected by the Oil spill, caused on 28.1.2017, without insisting for membership from Fishermen Societies.

¶121

(iii) He has further submitted that since wide publicity was given among the fisherfolk of three districts about the submission of claim applications for a period of more than 6 months and 3171 members from the Petitioner’s association have already been applied and

¶122

https://hcservices.ecourts.gov.in/hcservices/

¶123

received the oil spill relief assistance, there is no possibility of omission of claim from the affected fisherfolk, as alleged by the petitioner. The request of the petitioner to grant compensation to the fishermen/ person affected by oil spill without the proof of details of applicants engaged in fish trade/ allied activities at the time of oil spill incident and about their loss due to oil spill incident will lead to submission of more and more applications from ineligible persons which is totally against the directions of the National Green Tribunal.

¶124

(iv) He further submitted that disbursement of relief amount to the fishermen affected due to oil spill had commenced since 25.4.2018 and as on date Rs. 12115.53 lakh has been disbursed to 1,04,972 beneficiaries including 11,342 nonsociety members. It is also evident that the petitioner has submitted new applications after a period of 11 months from the date of disbursement of oil spill relief with an intention to receive relief to the applicants who are not at all related to fishing activity and to misappropriate Government funds. Hence there is no chance of leaving any affected fishers within the stipulated time (more than six months) and as much as the new applicants may not relate to fishing activity. Hence, it is not feasible to consider the request of the fresh applicants and to accept the demand of the petitioner after the completion of more than two years from the date of incident.

¶125

(v) He has further submitted that since this issue is being closely monitored by the National Green Tribunal and progress of disbursement of relief assistance to fishermen affected due to oil spill incidents are reported to NGT, the claim of the petitioner should be summarily rejected. For the abovesaid reasons, the respondents have prayed for dismissal of the writ petition.

¶126

Heard the learned counsel appearing for the parties and perused the materials available on record.

¶127

On 28.01.2017, two ships collided near Ennore Port, Chennai and that there was oil spillage. W.P.No.2662 of 2017, has been filed by the petitioner for a Mandamus, directing the respondents 1 to 3 therein, to take action, against the two ships, respondents 4 and 5 therein, by initiating prosecution and to recover the costs, from the erring parties and protect the interests of the fishermen. https://hcservices.ecourts.gov.in/hcservices/ After hearing the parties and taking note of the fact that

¶128

FIR has been registered and National Green Tribunal, Chennai Bench, a Hon'ble Division Bench of this Court, had already been approached, vide order, dated 03.03.20017, disposed of W.P.No.2662 of 2017, as hereunder:

¶129

"3. On hearing learned counsel for parties, it transpires that the apprehension of the petitioner is that on a principle of "polluter pay", if the Iranian Ship crosses the territorial waters, the Government may not be able to recover anything. This, of course, in no manner absolves the Government of the responsibility to take necessary steps to remove the pollutant, for which the National Green Tribunal, Chennai Bench, is already stated to have been approached.

¶130

We are of the view that no direction can be issued in the matter, except to observe that the State Government may look into the issue urgently to take such steps as deemed proper in the given situation, especially keeping in mind that as per the petitioner there have been some recent developments in terms of registration of FIR and some action post filing of the petition."

¶131

7. Challenging the order of the Director General of Shipping, Mumbai, the 3rd respondent herein, W.P.No.25813 of 2017, has been filed and the same has been disposed of on 10.10.2017, with the following directions,

¶132

¶133

¶134

8. The petitioner has admitted that cases are pending before the Green Tribunal for compensation, claimed on behalf of fishermen. Owners have filed W.A.No.537 of 2018 and taking note of the compromise entered into between the two vessels, with a deposit of Rs.141 Crores, without prejudice to the claims of fishermen affected due to oil spill, a Hon'ble Division Bench of this Court, vide order, dated 13.03.2018, has directed that on making such payment, bank guarantee made by the vessel BW MAPLE, for a sum of Rs.203,22,00,000/-, would be released.

¶135

9. In W.P.No.8249 of 2018, filed for distribution of compensation to the fishermen, on 12.04.2018, this Court passed the following orders,

¶136

¶137

10. The petitioner has contended that even as on date of filing the present W.P.No.11623 of 2018, there was no notice or public hearing about the payment of compensation to the fishermen affected by the oil spill. There was no transparency. Per contra, the Director of Fisheries, Chennai, has made following contentions,

¶138

(i) Teams have been constituted with Fisheries Department officials in order to assess the exact quantum of loss sustained by the fishermen, claim forms duly approved by the Insurance company of the Shipping companies were distributed to the fishermen Cooperative Society members and to various sectors such as, Fishing labourerers, Fisherwomen in Fisheries allied activities, Allied activity labourer, Fish vendors, owners of Motorized boats, Non- motorized boats and Mechanized boats.

¶139

(ii) Based on the team report, claims were consolidated for each fishermen co- operative society and a proposal was sent to the Government for Rs.203.225 Crore, for providing compensation to 1,12,051 affected fishermen. Accordingly, Government of Tamil Nadu preferred a claim for compensation relief assistance of Rs.203.225 Crore.

¶140

(iii) In the meantime, petitions were filed before the National Green Tribunal, Southern Zone at Chennai, by Meenavar Thanthai Selvaraj kumar, in O.A.No.14 of 2017. The Hon’ble National Green https://hcservices.ecourts.gov.in/hcservices/ Tribunal directed the department to permit the

¶141

affected persons to make their claim upto 10.8.2017 and to make required study, conduct enquiries, to arrive at an appropriate quantum of compensation to be recovered from the ship owners.

¶142

(iv) Based on the directions of the National Green Tribunal, a team with the officials of the Fisheries Department was constituted to receive the applications from the affected fishermen who have not filed their claim earlier. Based on the scrutiny of the applications received, on the direction of National Green Tribunal, Southern Zone, 2,442 applications were accepted and revised compensation proposal for Rs.240.07 crore to the affected 1,11,448 fishermen of Tiruvallur, Chennai and Kanchipuram coastal districts including 11,342 non co- operative society members, in the category of mechanized boat owners, vendors and allied activities, was arrived at and submitted to the Hon’ble National Green Tribunal, Southern Zone.

¶143

(v) As per the orders of this Court, Madras in W.P. No.2979 of 2018 and W.P. No.2979 of 2018, an amount of Rs.141 Crores (Including Rs.10 Crore for restoration works) was received from steamship on 28.03.2018. An irrevocable Bank Guarantee worth Rs.84 crore was also obtained from the Shipping company, as per the Hon'ble Court's directions.

¶144

(vi) Based on the recommendations of the Relief Recommendation Committee constituted under the chairmanship of the Additional Director of Fisheries / Managing Director, TAFCOFED, relief amount was disbursed to the applicants as detailed below:

¶145

Name of the Category	No. of persons received relief amount	Amount released per head	Total Relief amount (in lakhs)
FishingLaborer	43,564	12,000-	5,227.68
Fisherwomen in Fisheries allied activities	44,719	10,000-	4,471.90
Allied activity Labours	1,691	10,000-	169.10
Fish Vendors	8,737	10,000-	873.70
Motorised Boat
Owner	5,024	20,000-	1,004.80
Non-Motorised Boat Owner	323	15,000-	48.45
Mechanized Boat	914	35,000-	319.90
Owner
Total	1,04,972		12,115.53

¶146

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¶147

•

¶148

(vii) Out of 1,11,448 beneficiaries, relief assistance of Rs. 12115.53 lakh has been disbursed to 1,04,972 beneficiaries, including 11,342 non- society members, for the remaining 6,475 beneficiaries relief assistance, would be disbursed after the receipt of Aadhar details and bank details from them. Oil spill compensation application has been received from 1,11,448 fisherman and others.

¶149

11. As regards publicity and notice, the Director of Fisheries, Chennai, has stated that in order to assess the exact quantum of loss sustained by the fishermen, extensive publicity was given for issuance of claim forms duly approved by the Insurance company of the Shipping companies. Wide publicity was made through announcement, in autorickshaws, by the staff of Fisheries Department. The Director of Fisheries has further submitted that though sufficient time from 22.02.2017 to 30.03.2017 was given, as per the directions of the National Green Tribunal, Southern Zone, applications were received upto 10.08.2017. Applications from the affected fishermen / persons were received for more than a period of 6 months. Claim forms were distributed to Fishermen/fisherwomen Cooperative Society members and to various sectors such as Fishing Labourers, Fisherwomen in Fisheries allied activities, Allied Activity Labourer, Fish Vendors from the owners of motorised boats, Non - motorised boat and Mechanized boats. Wide and ample opportunity was given to file the claims to all the fishermen affected by oil spill and the entire process was monitored by the National Green Tribunal and the process was updated to National Green Tribunal. Director of Fisheries, Chennai, has submitted that oil spill compensation has been given in a fair and transparent way.

¶150

12. From the above, it could be deduced that though the National Green Tribunal, Chennai Branch, has granted time upto 30.03.2017, but the department has recieved applications, upto 10.08.2017, for more than a period of six months, claim forms have been distributed to fishermen/fishermen co-operative society members, and to various sectors, such as, Fishing labourerers, Fisherwomen in Fisheries allied activities, Allied activity labourer, Fish vendors, owners of Motorized boats, Non- motorized boats and Mechanized boats. About 1,04,972 applications have been submitted by fishermen, representing various sectors and a sum of Rs.12115.53 lakh has been released.

¶151

13. Tabular column extracted supra, would prove that the statement of the petitoner that there was no notice or opportunity to the fishermen, affected by the oil spill to claim for compensation, is incorrect. Contention to the https://hcservices.ecourts.gov.in/hcservices/ contra, is rejected.

¶152

14. One of the contentions made in the present writ petition is that the society had become defunct and nonsociety members were not awarded any compensation. From the averments made in the counter affidavit, it could be deduced that out of 1,11,448 applications received, compenstion has been disbursed to 1,04,972 applicants, which include 11,342 non-society members. Therefore, the contention of the petitioner, on the above aspect is factually erroneous.

¶153

15. Instant writ petition has been filed on an erroneous premise and thus, the prayer for directions to the respondents herein, to grant compensation to the fishermen from the three districts of Chennai, Kancheepuram and Tiruvellore, without insisting for membership from fishermen societies. As stated supra, non-members of the societies have also been granted compensation, provided they satisfied that they were affected by the oil spill and produced Aadhar and Bank details.

¶154

16. However, on 13.03.2019, we directed the Director of Fisheries, Chennai to carry out cross verification of the applications to be received with the particulars already available with them duly assisted by the Assistant Director of Fisheries, Royapuram with the details of the names of the erstwhile members of National Union of Fishermen NUF in pages from 68 to 140 of the typed set of papers filed along with the Writ Petition. Further, this Court has directed the Petitioner to furnish the details of the applicants, so as to facilitate the exercise to be done within a period of one week from today i.e., 13.03.2019 and also directed the Director of Fisheries, to file a detailed report, after due verification within a period of 3 weeks thereafter.

¶155

17. After cross verification, the Director of Fisheries, Chennai, has stated that in accordance with the directions of this Court, the petitioner has to furnish the details / applications of the affected fishermen of Thiruvallur, Chennai and Kanchipuram Districts, by 19.03.2019. Though the Petitioner’s association submitted list of 7077 new members for relief, to this Court, the petitioner’s association has submitted only 6112 nos of applications to the Fisheries Department, for cross verification, on various dates, mentioned below:-

¶156

SI.No	Date	No. of application received
1.	19.03.2019	2,099
2.	25.03.2019	3,362
3.	26.03.2019	651
	Total	6,112

¶157

Pursuant to the directions of this Court, https://hcservices.ecourts.gov.in/hcservices/ verification teams have been constituted, monitored by the

¶158

Joint Director of Fisheries (Regional), Chennai, for cross verification of the applications, received from the members of the petitioner’s association, with the particulars already available with the Assistant Director of Fisheries Chennai, Thiruvallur and Kanchipuram. The teams constituted have duly verified the applications and reported that out of 6112 applications received, 3171 applicants have already obtained oil spill relief assistance. But, there are 2941 fresh applications, seeking for oil spill relief assistance. Hence, out of 6112 applications, 3171 applications have to be rejected. Though 2941 individual applications have been received, neither the petitioner nor the members of the association, failed to furnish the proof of details of applicants engaged in fish trade/allied activities, at the time of oil spill incident and about their loss due to oil spill incident.

¶159

Details of the names of the applicants, addresses, Aadhar numbers and bank account details, have not been provided, in the applications and hence, genuineness of the above said 2941 applications, could not be ascertained.District wise status report of the applications received from the members of the petitioner’s association is given below:-

¶160

SI. Name of the Applicatio Already New
No District ns Benefited beneficia
Received ries
1. Thiruvallur 983 283 700
2. Chennai 5082 2884 2198
3. Kanchipuram 33 4 29
4. Others 14 0 14
Total 6112 3171 2941

¶161

Director of Fisheries, Chennai, has further contended that More than 50% of the total applications have already received the relief assistance under oil spill compensation and that petitioner's association, who has sought for the relief assistance from the Government, is only to ineligible persons and hence, mislead this Court, by suppressing the facts.

¶162

At this juncture, it is relevant to extract the application given by the members of the petitioner's association, to the department,

¶163

mDg;g[eh; njjp 2295 S.brhh;zk; - Age : 44 - Rg;ukzp Already in paid list No.27/ 11. bghpajk;gpbjU. Ist uploaded https://hcservices.ecourts.gov.in/hcservices/ fhrpnkL. brd;id- 13. Date : 20/04/2018

¶164

Ph.82207 77265 Society : ,e;jpuh efh; FWCS

¶165

M.No. - 4005 Verified by me

¶166

bgWeh; cah;jpU ,af;Feh; mth;fs; kPd;tsj;Jiw ,af;Feh; mYtyfk;. ee;jdk;. brd;id- 600035. bghUs;: B.W. khh;gps; (<uhd;) kw;Wk; vk;/o/lhd; (fh";rpg[uk;) Mfpa fg;gy;fs; nkhjpa tpgj;jpdhy; kPd; bjhHpy; ghjpj;j v';fSf;F ,Hg;gPL tH';f ntz;o/ --------fle;j 28 $dthp 2017 md;W brd;id JiwKfj;jpd; flypy; B.W. khh;gps; (<jhd;) kw;Wk; vk;/o/lhd; (fh";rpg[uk;) Mfpa fg;gy;fs; nkhjpa tpgj;jpy; kPd;gpoj;bjhHpy; / kPd; tpahghuk; bra;a[k; ehd;. bghpa bjhHpy; ghjpg;g[f;Fs;shndd;/ ,jw;fhd eptuhz bjhif ,Hg;gPl;il tH';f ntz;o kPd;tsj;Jiwaplk; kD ms;j;njhk;/ Mdhy; vdf;F ,Hg;gPL tH';ftpy;iy/ ,jw;fhf ehd; cWg;gpduhf cs;s mfpy ,e;jpa kPdth; r';fj;jpd; Kyk; brd;id cah;ePjp kd;wj;jpy; tHf;F bjhlh;e;njhk;/ brd;id cah;ePjpkd;wk; ghjpg;gile;j v';fspd; ,Hg;gPL nfhhpf;ifia ghprPyid bra;J epthuzk; tH';f Miz gpwg;gpj;Js;sJ/ mjd; mog;gilapy; vdf;fhd ,Hg;gPl;il vdJ t';fpf; fzf;fpy; brYj;JkhW jhH;ika[ld; nfl;Lf; bfhs;fpnwd;/ ,j;Jld; t';fpf; fzf;F efy; kw;Wk; Mjhh; vz; efy; , izj;Js;nsd;/ ed;wp! ,g;gof;F S.brhh;zk; efy; ,izg;g[: 1/ Mjhh; vz; 9464 0502 9806 2/ t';fp tptuk; 32660100002269 ng';f; Mg; gnuhlh. fy;kz;lgk; 3/ IFSC Code ____________ 4/ kPdth; milahs ml;il: 7015 efy; bgWeh;: 1/ cah;jpU/cjtp ,af;Feh; mth;fs;. brd;id kz;lyk; / kPd;tsj;Jiw ,af;Feh; mYtyfk;. brd;id/ 2/ cah;jpU/cjtp ,af;Feh; mth;fs;. jpUts;Sh; khtl;lk; kPd;tsj;Jiw mYtyfk;. bghd ; ndhp/

¶167

From the above, it is evident that out of 6112 applications submitted by the petitioner association, 3171 applicants have already received compensation. Petitioner's association, without ascertaining the fact, as to whether, compensation to the members of the society, has been awarded https://hcservices.ecourts.gov.in/hcservices/ compensation or not, has filed the present writ petition.

¶168

At this juncture, it is to be noted that there cannot be a double claim for compensation and thus, crossverification, ordered by this Court and done by the Department has proved that the claim of the individual applicants, as projected by the petitioner's association, is erroneous. About 2941 applications received through the petitioner's association, have been rejected for the reasons extracted supra.

¶169

Remedy under Article 226 of the Constitution of India is based on the doctrine, "equity, justice and good conscience", which is explained by the Hon'ble Supreme Court in Shri Rat v. Shri Vardesh Chander and Others, reported in 1976 (2) SCC 103, and in the words of Hon'ble Mr.Justice Krishna Iyer, the concept of 'justice, equity and good conscience' and observed that it comes into play in the absence of any specific legislative provision. Further, the Apex Court while considering the abovesaid concept of 'justice, equity and goconscience' an English common law, at paragraph No.21 held as follows:-

¶170

" This is the genesis of the idea that Indian 'good conscience' is English Common Law during thof Empress Victoria. The imperatives of Independence and the jural postulates based on the nvalue system of a developing country must break off from the borrowed law of England receivsweetly as 'justice, equity and good conscience'. We have to part company with the precedent British-Indian period tying our nonstatutory area of law to vintage English law christening it'justice, equity and good conscience'. After all, conscience is the finer texture of norms woventhe ethos and lifestyle of a community and since British and Indian ways of life vary so much tthe validity of an anglophilic bias in Bharat's justice, equity and good conscience is questionabtoday. The great values that bind law to life spell out the text of justice, equity, and good conscand Cardozo has crystallised the concept thus:

¶171

Life casts the mould of conduct which will some day become fixed as law.

¶172

Free India has to find its conscience in our rugged realities and no more in alien legal thoughtlarger sense, the insignia of creativity in law, as in life, is freedom from subtle alien bondage, silent spring nor hot-house flower."

¶173

As rightly contended by the learned Additional Government Pleader, the petitioner has not only approached this Court with incorrect particulars, but also filed this writ petition belatedly, after the date fixed by the https://hcservices.ecourts.gov.in/hcservices/ Tribunal and beyond the period permitted by the Director of

¶174

Fisheries, Chennai, ie, upto 10.08.2017. About 2941 applicants have not furnished any details. The petitioner has made out a case for issuance of the writ, as prayed for.

¶175

With the above, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.

¶176

Sd/-

¶177

Assistant Registrar(CS)

¶178

//True Copy//

¶179

Sub Assistant Registrar ars/skm To 1. The Principal Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Fort St. George, Secretariat, Chennai. 2. The Director of Fisheries, 485, 5th Floor, MTB Building, Anna Salai, Anna Colony, Nandanam, Chennai. 3. The Director General of Shipping, Beta Building, 9th Floor, I-Think Techno Campus, Kanjurmarg (East) Mumbai - 400 042. +1cc to Mr. T.Niramleswar, Advocate SR.No. 45790 +1 cc to Government Pleader Sr.No. 46176

¶180

W.P.No.11623 of 2018 and WMP No.13628 of 2018 pm (CO) A.SK(15/07/2019)

¶181

https://hcservices.ecourts.gov.in/hcservices/

M.E.Raja v. The State of Tamil Nadu

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M.E.Raja v. The State of Tamil Nadu

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