IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 RP.No. 597 of 2010(W) -------------------------- (AGAINST THE JUDGEMENT/ORDER IN WPC.33628/2009 Dated 02/02/2010) .................... REVIEW PETITIONER(S): ----------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF FISHERIES, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF FISHERIES,GOVT.OF KERALA VIKAS BHAVAN, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR RESPONDENT(S): -------------------- 1. C.J.DEVELOPMENT FOUNDATION CHOORAVILA, KUREEPUZHA .PO.,PERINAD KOLLAM 691 604, REPRESENTED BY ITS SECRETARY MR.INNOCENT JOSEPH. 2. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF REVENUE GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI. 3. THE COLLECTOR OF C USTOMS, CUSTOM HOUSE WILLINGDON ISLAND, COCHIN 682 009. R1 BY ADV. V. JAYAKUMAR R2 BY SRI. TPM IBRAHIM KHAN, ASST. S.G. R3 BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.597/2010 in W.P.(C).33628/2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of September, 2010. Order 1.This review petition is filed by the State Government seeking review of the judgment dated 2nd February, 2010 in WP(C).33628/2009. 2.As noted in the judgment sought to be reviewed, the Government decided certain matters in relation to distribution of fishing boats to Tsunami victims. On 5.1.2008, Ext.P10 Government Order was issued through the Additional Secretary to the Government of Kerala in the Disaster Management(TRP-Cell) Department. By that, Government sanction was accorded to distribute fishing boats to fishermen societies having maximum number of fishermen registered before Tsunami, now functioning and who have lost boats in Tsunami. Certain priorities were fixed. That decision of the Government was preceded by RP597/10 -: 2 :- fixation of norms for selection of beneficiaries. That was on the basis of Cabinet Sub Committee decision taken on 14.11.2007 to allot boats in district-wise manner by identifying fishermen groups. Even much prior to that, on 8.2.2007, the Government had issued a guideline for the distribution of 20 numbers of fibre glass fishing boats donated by M/s.C.J.Foundations. In fact, the petitioner is the facilitator of a donation that comes as a foreign aid from a donor in U.S.A. The Central Government were having certain claims towards import duty for which also there were bonds in favour of Union of India. Ultimately, by a single line order Ext.P11, Ext.P10 order was cancelled. The writ petition was ordered by directing the authorities to stand by Ext.P10 and do the needful in a time bound manner. That has not been done. 3.The fundamental plea projected by the review petitioners is essentially based on certain fact situations which, at this distance of time, have RP597/10 -: 3 :- no bearing in the matter. As noticed in the judgment sought to be reviewed, the benefit should have reached the victims long ago. The State Government cannot now be heard to say that they had not inspected the boats or made enquiries regarding the quality or the fuel efficiency etc. The only requirement for the Government was to go by the guidelines already contained in the Government decisions, including Ext.P10. It would be far-fetched and too late in the day to countenance a stand of the State Government that it had not made proper enquiries before issuing the Government Orders on the basis of which even agreements were executed with M/s.C.J.Foundation. Under such circumstances, I do not find any ground to review the judgment. The review petition fails. 4.Before parting with the case, I would also refer to the stand taken by the writ petitioner. Now, it is stated that even if the Government does not want to utilise the boats for the purpose of RP597/10 -: 4 :- Tsunami relief through the Government, the State Government may issue a certificate in that regard so that the writ petitioner could appropriately distribute the boats and satisfy the provider of the funds. This submission is recorded, to facilitate the Government to act on Ext.P10 in terms of the directions contained in the judgment sought to be reviewed or to do the needful, if found necessary, in the light of the submission of the writ petitioner recorded above. Let that be done in a time bound manner, at any rate, within one month from now, without fail. This shall be treated as the time extension for compliance of the directions contained in the last paragraph of the judgment sought to be reviewed. If Ext.P10 is not being carried to its logical end, the State Government shall issue a certificate disclosing that the boats are not utilised by the Government in terms of the agreement and the writ petitioner is left with the custody of those boats, including the right to distribute the fishing boats to the needy RP597/10 -: 5 :- victims so that the cancellation of the bonds issued in favour of the Central Government could be appropriately taken up by the petitioner. The review petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0409