IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 14426 of 2009(S) -------------------------------------- PETITIONER: ------------------- A.K. STEPHEN, PRESIDENT, KERALA MALSYA THOZHILALI CONGRESS, CHERTHALAI, ALAPPUZHA DISTRICT. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PROJECT DIRECTOR, TSUNAMI REHABILITATION PROGRAMME, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. THE DISTRICT PANCHAYATH PRESIDENT, ALAPPUZHA. 5. THE ADVISOR (MINERALS & T.R.P) PLANNING COMMISSION, GOVERNMENT OF INDIA, YOJANA BHAVAN, NEW DELHI. R1 TO R3 BY GOVERNMENT PLEADER SRI.K.B.MANOJ KUMAR R5 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.14426 of 2009 ------------------------------------------ Dated this the 7th day of September, 2009 JUDGMENT A.K.Basheer, J. The petitioner who claims to be the President of Kerala Malsya Thozhilali Congress engaged in activities relating to uplift of fishermen and other downtrodden people in the coastal areas of Kerala, especially the coastal belt of Alappuzha District, has filed this writ petition in public interest with the following prayers: “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to implement the project submitted by D.R.D.A., Alappuzha with the recommendation of Parliament Member, Dr.K.S.Manoj within a short time frame. ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing WP(C) No.14426 of 2009 - 2 - the respondents 1 and 2 to file a report stating the reasons for not implementing the D.R.D.A. Project sanctioned by Planning Commission.” 2. In response to the various allegations and averments made in the writ petition, statements have been filed by the District Collector, Alappuzha and also by the Tsunami Special Officer/Deputy Secretary to Government highlighting the various steps taken by the Government as well as the different Departments under the Government in carrying out the various projects and schemes covered under the Tsunami Rehabilitation Project. We do not propose to deal with all the facts and figures given by the these respondents in their statements at length. Suffice it to say that the above statements will reveal that a major portion of the various works has already been completed and as regards the remaining works, they are under progress. 3. Annexure R2(o) produced along with the WP(C) No.14426 of 2009 - 3 - additional statement filed by the Tsunami Special Officer/ Deputy Secretary to Government will show the present status of the various works which have been carried out and those which are in progress. 4. In the statement filed by the District Collector on July 13, 2009, it has been stated that there is no laxity on the part of the Government in completing the various projects which are envisaged under the Tsunami Rehabilitation Programme, Tsunami Emergency Assistance Programme, Arattupuzha Special Package, Andakaranazhy Special Package, etc. Learned Government Pleader submits that the Government proposes to complete the entire works on or before December 31, 2009. 5. In view of the intervening developments and also in the light of the facts and figures revealed from the statements filed by the respondents concerned which will show that substantial progress has been made in this regard, we are of the WP(C) No.14426 of 2009 - 4 - view that no further directions need be issued in this writ petition at this stage. However, we make it clear that it will be open to the petitioner to approach this Court at a later stage if the situation so warrants. Writ petition is closed in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns