IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 OP.No. 10967 of 2003(E) ----------------------- PETITIONER(S): --------------- N.VASANTHAKUMARI (PROPRIETRIX,VELLUNTHARA HATCHERIES, VELLUNTHARA HOUSE, KALLUMTHAZHAM P.O. KILIKOLLOOR,KOLLAM-691 004 BY ADVS. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.NAVEEN.T RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESETNED BY THE CHIEF SECRETARYTO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM, 3. THE DEPUTY DIRECTOR OF FISHERIES AND CHIEF EXECUTIVE OFFICER, FISH FARMERS DEVELOPMENT AGENCY, KOLLAM. 4. M.F.ALIAS, AKHILA KERALA SWATHANTHRA MATSYA THOZHILALI UNION TREAURER,KOLLAM,,. RESIDING AT MELATHIL VILLA, MATHILIL P.O. PERINAD,KOLLAM. 5. S.RAJENDRAN, ASSISTANT DIRECTOR OF FISHERIES (PROJECTS) DIRECTORATE OF FISHERIES,VIKAS BHAVAN, THIRUVANANTHAPURAM, 6. THE KERALA LOK AYUKTA, THIRUVANANTHAPURAM. R1 TO R3 & R5 & R6 BY GOVERNMENT PLEADER SRI. PUZHAKKARA MUHAMMED SRI.K.S.MANU (PUNUKKONNOOR) FOR R4 SRI.P.SREEKUMAR FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 18827/2003 & IA 9346/2003 BOTH IN OP 10967 OF 2003 DISMISSED 28.5.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 30.9.1999 EXT.P2 TRUE COPY OF THE RECEIPT DATED 6.10.1999 REGARDING SUPPLY OF FISH FINGERLINGS. EXT.P3 TRUE COPY OF RECEIPT DATED 6.10.99 REGARDING SUPPLY OF FISH FINGERLINGS EXT.P4 TRUE COPY OF INVOICE DATED 6.10.99 FOR RS. 61,574/ EXT.P5 TRUE COPY OF INVOICE DATED 6.10.99 FOR RS. 61,352/- EXT.P6 TRUE COPY OF COMPLAINT NO. 466/2001 ALONG WITH THE DOCUMENTS ATTACHED TO THAT FILED BY THE PETITIONER BEFORE THE LOK AYUKTA. EXT.P7 TRUE COPY OF THE ENQUIRY REPORT DATED 15.12.2000 SUBMITTED BY THE ENQUIRY OFFICER, SUPERINTENDENT OF POLICE, MARINE ENFORCEMENT AND VIGILANCE. EXT.P8 TRUE COPY OF LETTER DTED 29.6.2001 SENT BY THE DIRECTOR OF FISHERIES TO THE CHIEF EXECUTIVE OFFICER, FFDA. EXT.P9 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 23.1.2002 FILED IN COMPLAINT NO. 466 OF 2001 BEFORE THE LOK AYUKTA. EXT.P10 TRUE COPY OF THE ORDER DATED 7.1.2003 IN COMPLAINT NO. 466 OF 2001 OF THE KERALA LOK AYUKTA. EXT.P11 TRUE COPY OF CERTIFICATE DATED 21.3.2003 ISSUED BY THE BRANCH MANAGER, UCO BANK, KOLLAM. EXT.P12 TRUE COPY OF COMMUICATOION NO. ADV/51/03-04 DATED 18.7.2003 ISSUED BY UCO BANK, BEACH ROAD, KOLLAM TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 10967 OF 2003 -------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT O.P. is filed more than six years back challenging the order of the Lok Ayukta directing Vigilance Enquiry pertaining to supply of fish finger-lings by the petitioner to a society under the control of the Government for rearing fish in Chelur Kayal and Kottekayal. Petitioner's case is that even though goods supplied is valued above Rs. 1.22 lakhs and receipt of fish fingerlings is acknowledged by the buyers, they have not made the payment for the same. Lok Ayukta rightly held that it has no authority to pass orders ordering payment to the petitioner for supply of fish fingerlings. However, probably doubting the unusual nature of transaction involving substantial amount of public money, Lok Ayukta ordered Vigilance enquiry. Enquiry is held up on account of interim orders of this Court. Petitioner's case is that payment is not made only because of fight between government officials. In any case, the transaction was strange, because supply was against oral orders on phone. This kind of 2 informal arrangement is not recognised in dealings with Government. However, it is not known whether there are similar instances in the past, or whether fisheries department permits this kind of informal arrangement and amounts are paid under such contract. At this distance of time, I do not think petitioner should be denied the benefit if there was genuine supply of fish finger-lings in terms of his claim. Therefore I dispose of the O.P. modifying the order of the Lok Ayukta by directing the Secretary, Department of Fisheries, to conduct enquiry in the matter and if petitioner has genuinely supplied fish fingerlings in terms of his claim, order payment and his decision will bind all parties concerned. Petitioner will produce a copy of this judgment before the Secretary, Fisheries Department for compliance. The Secretary is directed to decide the matter within three months from the date of production of a copy of this judgment by the petitioner. If petitioner is entitled to payment, then it is for him to claim interest also from the Secretary, Fisheries Department. (C.N. RAMACHANDRAN NAIR) Judge kk 3