IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 33857 of 2005(E) -------------------------------------- PETITIONER: ------------------- GOPALAN, S/O.PURUSHOTHAMAN, KOCHUPARAMBIL, AROOR P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR. RESPONDENTS: ----------------------- 1. THE FISHERIES INSPECTOR, DEPARTMENT OF FISHERIES, AROOR, ALAPPUZHA DISTRICT. 2. THE FISHERIES OFFICER, KERALA FISHERIES WELFARE FUND, MUHAMMA, THANNEERMUKKOM P.O., ALAPPUZHA DISTRICT. 3. THE VILLAGE OFFICER, AROOR, ALAPPUZHA DISTRICT. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FISHERIES, SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. NOBLE MATHEW FOR R1, R3 & R4, ADV. SRI.ASOK M.CHARIYAN, SC, KFWFB FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33857/2005-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE NO. 3/1970 DTD. 09/02/1970 ISSUED BY THE FISHERIES DIRECTOR. EXT.P.2: COPY OF THE REPRESENTATION FILED BY THE PETITONER BEFORE THE R.1. DTD. 27/12/2004. EXT.P.3: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R.2. DTD. 27/12/2004. EXT.P.4: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R.3. DTD. 27/12/2004. EXT.P.5: COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER DTD. 10/10/2005. EXT.P.6: COPY OF THE REPLY DTD. 09/11/2005 ISSUED BY THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.33857 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents herein to grant compensation to the petitioner for the loss sustained by him due to the destruction of his Chinese fishing nets in the Tsunami Tidal attack which hit Kerala coast on 26/12/2004. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to pass orders on Ext.P2 application submitted by the petitioner for grant of compensation as expeditiously as possible at any rate within a time limit to be prescribed by this Honourable Court. There will be a direction to the first respondent to forward the applications filed by the petitioner to the Permanent Lok Adalath, Vanchiyoor and thereafter the said Adalath shall take up the matter and take appropriate action in accordance with law within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 33857 OF 2005 J U D G M E N T 15.10.2008