IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 28999 of 2009(T) -------------------------------------- PETITIONERS: --------------------- 1. N.KUNHIMOOSA, AGED 58 YEARS, S/O.ALIPY, NELLIANTA VILA HOUSE, PRESIDENT, MERCHANTS ASSOCIATION, P.O.IRITTY,KANNUR DISTRICT. 2. JOSEPH SEBASTIAN, S/O. SEBASTIAN, AGED 51 YEARS, GENERAL SECRETARY, MERCHANTS ASSOCIATION, IRITTY, RESIDING AT NELLICKEL HOUSE, P.O.PAYAM, KOLIKADAVU, IRITTY, KANNUR DISTRICT. 3. MUHAMMEDALI.K. SEEMATTI STORES, K.C.P. XIII 529, MINI ROAD, IRITTY. 4. P.AHAMMED KUTTY, ITC TRADING COMPANY, IRITTY, VI 1263, 1265. 5. P.T.P.NIZAR, M.K. ASSOCIATES, K.C.P. XIII 5901,OLD BRIDGE ROAD, IRITTY. 6. MUHAMMED RAMSIK, I DREAMS COMPUTER SOLUTIONS, FATHIMA COMPLEX, NEW BUS STAND IRITTI, XIII 612 A 37. 7. FEBIN P.K., CHILLUMEDA, XIII 612 A 38, NEW BUS STAND, IRITTY. 8. PRABHAKARAN NAMBIAR, MARGIN FREE SUPER MARKET, XIII 612 A 30-36, NEW BUS STAND, IRITTY. 9. JAYA RAJAN A.K., DELMA ELECTRICALS, XIII, 612-A, NEW BUS STAND,IRITTY. 10. JIMMY FRANCIS, NIRMAL GOLD COVERING, XIII 579 A (5), THULASI BUILDING, NEW BUS STAND, IRITTY – 670 703. W.P.(C). NO.28999/2009-T: 11. MATHEW M.T., BONA ELECTRICALS, XIII- 579-A, NEW BUS STAND, IRITTY. 12. C.M.ANTONY, GRACE BOOKS, NEW BUS STAND, KCP XIII 579-A-6, NEW BUS STAND, IRITTY. 13. LISSY BENNY, DIVINE OPTICALS, XIII 579 B(A), NEW BUS STAND, IRITTY. 14. T.K. RASHEED, LEXI FANCEY VIII 562, IRITTY – 670 703. 15. P.M. JOY, JUNIOR AGRO SERVICE, KCP 13-609(A) NEW BUS STAND, IRITTY. 16. G. SENTHIL KUMAR, ANNAPOORNA HOTEL, KCP XIII 549, IRITTY. 17. K.VISWANATHAN, A-ONE BAG WORKS, XIII 475, IRITTY. 18. K.K.SHEEBA, CHIRAG FANCY STATIONARY KCP-13-482, IRITTY- 670 703. 19. N.K.ERAMULLAN HAJI, COCHIN STATIONARY, XI 176, XI 179, XIII 480, MAIN ROAD, IRITTY. 20. VARGHESE, BOOTS FOOT WEARS, KCP XIII 925,IRITTY. 21. FIROZ N.R., VESSEL PALACE, KCP VI 625, NEW BUS STAND, IRITTY- 670 703. 22. ABDUL AZEEZ, ASHRAYA COMMUNITY PHARMACY, KCP XIII 593, NEW BUS STAND, IRITTY. 23. ABDUL SHUKOOR, KATTUMADAM HARDWARES, KCP VI, 1304, 1305, 1306, 1307, 1309, OLD BRIDGE ROAD, IRITTY. 24. JAFFEER THOUFIQ, THOUFIQ HOTEL, KCP XI 491, IRITTY. BY ADV. MR.GRASHIOUS KURIAKOSE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPRUAM. W.P.(C). NO.28999/2009-T: 2. DISTRICT COLLECTOR, KANNUR 3. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, BY I.P. MAINTENANCE, SUB DIVISION, MATTANNUR. 4. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR. I.V. PRAMOD, R4 BY MR.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28999/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPORTS PUBLISHED IN DESHABHIMANI DAILY DTD. 17/07/09. EXT.P.2: COPY OF THE REPORTS PUBLISHED IN DESHABHIMANI DAILY DTD. 18/07/09. EXT.P.3: COPY OF THE REPORTS PUBLISHED IN MATHRUBHOOMI DAILY DTD. 17/07/09. EXT.P.4: COPY OF THE REPORTS PUBLISHED IN MATHRUBHOOMI DAILY DTD. 18/07/09. EXT.P.5: COPY OF THE LIST OF THE BUSINESSMEN AND LOSS PREPARED BY VILLAGE OFFICER, KEEZHUR. EXT.P.6: COPY OF THE REPRESENTATION DTD. 24/08/09 SUBMITTED BY THE P.1. BEFORE HE CHIEF MINISTER OF KERALA. EXT.P.7: COPY OF THE LETTER DTD. 09/09/09 ISSUED FROM THE OFFICE OF THE REVENUE MINISTER TO THE P.1. EXT.P.8: COPY OF THE APPLICATION DTD. 20/07/09 SUBMITTED BY THE P.3. EXT.P.9: COPY OF THE LETTER DTD. 25/07/09 ISSUED BY THE SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KSEB, MATTANNUR TO THE R.2. EXT.P.10: COPY OF THE LETTER DTD. 19/08/09 ISSUED BY THE R.3. TO THE P.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28999 of 2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of February, 2010. Judgment While the writ petition contains consolidated requests by persons who have small claims for compensation against the Kerala State Electricity Board and the State of Kerala in relation to alleged damage sustained by each of them owing to the flood resulting out of the Pazhassi Dam maintained in connection with the Hydro electric projects of the State, the matter may require a look at the claims on individual basis, including assessment of loss etc. Though this Court can consider making a general decision in relation to the matter, I deem it appropriate that the matter should gain the proper attention at the ground level. Accordingly, the writ petitioners are directed to appear before the Chairman of the District Legal Services Authority, Kannur, even through their authorised representative so that WPC28999/09 -: 2 :- the said authority could either look into the matter at the level of the district or transmit the matter to the Taluk Legal Services Authority for assessment of ground realities and also for a negotiated settlement of the claims. Respondents 1 to 3 through the second respondent and the fourth respondent through authorised officer will make their appearance before the Chairman of the District Legal Services Authority, Kannur within a period of two weeks so that the said authority can deal with the matter in terms of the directions contained in this judgment and make available a report within a period of four months. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0802