IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 11781 of 2007(C) -------------------------------------- PETITIONER: ------------------ T.J.SIMON,THOTTUNGAL,CHETHY, CHETHUMMURIYIL,CHERTHALA P.O., ALAPPUZHA. BY ADV. SRI.E.D.GEORGE RESPONDENTS: --------------------- 1. THE FISHERIES DEPUTY DIRECTOR, ALAPPUZHA. 2. THE FIESHERIES DIRECTOR, THIRUVANANTHPAURAM. 3. THE SECRETARY, FISHERIES DEPARTMENT, THIRUVANANTHPAURAM. BYGOVERNMENT PLEADER SMT.N.SUDHA DEVI - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).11781/2007-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF RELEVANT PAGES OF THE PASS BOOK ISSUED TO THE PETITIONER BY THE KERALA FISHERMEN WELFARE BOARD. EXT.P2: COPY OF CERTIFICATE ISSUED FROM THE SACRE HEART GENERAL HOSPITAL DATED 05/01/2005 TO THE PETITIONER. EXT.P3: COPY OF REPRESENTATION DATED 11/08/2005 SUBMITTED BY PETITIONER BEFORE THE DEPUTY DIRECTOR, FISHERIES, ALAPPUZHA. EXT.P4: COPY OF REPRESENTATION SENT BY PETITIONER TO THE DY. DIRECTOR, FISHERIES, ALAPPUZHA & OTHERS. EXT.P5: COPY OF REPORT DATED 08/03/2007 OF THE DEPUTY DIRECTOR, FISHERIES, ALAPPUZHA. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 11781 OF 2008 = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T The petitioner claims to be a victim of Tsunami disaster which struck the coasts of Kerala some time ago. The petitioner's grievance in this writ petition is that, although the Government had declared several relief measures to the victims of the Tsunami disaster, the petitioner has not been paid any amount so far for the damages sufferred by him in the disaster. The petitioner therefore seeks the following relief: Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to consider Ext.P4 and grant relief within a time fixed by this Hon'ble court. 2. A counter affidavit has been filed by the 2nd respondent to the effect that damages caused to the petitioner has been assessed very liberally, which was fixed at Rs.22,000/- though he was not entitled to that extent. The petitioner would contend that he is entitled to much more than that. However, since this court cannot take evidence regarding the damages W.P.(C).No. 11781 OF 2008 2 caused to the petitioner, it is not possible to consider that contention now. But the petitioner contends that even the amount Rs.22,000/- has not yet been paid. 3. The learned Government Pleader would submit that the same could not be paid for want of sufficient funds. According to her, as and when funds are available, the petitioner also would be paid the amounts in accordance with priority. Having heard both sides, I feel that the petitioner cannot be asked to wait indefinitely for the amounts. In the above circumstances, this writ petition is disposed of with a direction to the respondents to disburse the admitted amount of Rs.22,000/- within three months. S.SIRI JAGAN, JUDGE bkn/-