IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 15207 of 2008(I) -------------------------- PETITIONER: ------------ 1. SATHYAPALAN.S., KOCHUKATTIL VEEDU, AZHEEKKAL, AZHEEKKAL P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 2. SOMAN.K., PUTHENPURAYIL, AZHEEKKAL, AZHEEKKAL P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 3. S.DEVADAS, THUNDATHIL VEEDU, AZHEEKKAL, AZHEEKKAL P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 4. K.H.HARIKUMAR, KUNNUMPURATH HOUSE, VALIAZHEEKKAL, ARATTUPUZHA PANCHAYATH. BY ADV. SRI.VELLAYANI SUNDARARAJU SRI.R.O.MUHAMED SHEMEEM SRI.B.K.RAJAGOPAL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT (FISHERIES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, HARBOUR ENGINEERING DEPARTMENT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR KOLLAM DISTRICT, CIVIL STATION, KOLLAM. 5. THE ALAPPAT PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALAPPAT, KARUNAGAPPALLY KOLLAM. 6. THE PRINCIPAL SECRETARY TO GOVERNMENT, DISASTER MANAGEMENT, (TRP-CELL)DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.I.V. PRAMOD FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 15207 OF 2008 = = = = = = = = = = = = = Dated this the 9th day of June, 2008. J U D G M E N T The petitioners claim to be persons affected by the Tsunami disaster in the Alappad Panchayath in Kollam District. They are now aggrieved by the shifting of Kayamkulam Harbour Division Office which office was entrusted with the implementation of the Tsunami Rehabilitation Special Package Scheme, from Karunagappally to Alappuzha. According to them, if the office is shifted to Alappuzha, it would adversely affect the implementation of the scheme. 2. Learned Government Pleader has filed a statement in which it is stated thus: “The above Writ Petition is filed challenging Exts.P3 and P5 orders to the extend of shifting of Kayamkulam Harbour Division from Karunagappally to Alappuzha under the protest that the shifting will defeat and delay the Tsunami rehabilitation works undertaken by the division in the 5th respondent Panchyath. At the very outset it is submitted that the writ petition is not having any legal basis and is filed with ulterior motives. The petitioners are having no locus standy to say where a Divisional Office of a Government Department should function. On that score itself the Writ Petition is liable to be dismissed. W.P.(C).No. 15207 OF 2008 2 2. A division of Harbour Engineering Department namely Puthiyappa Fishing Harbour Division functioned at Puthiyappa in Kozhikode District was shifted to function as Kayamkulam, Fishing Harbour Division at Karunagappally in the year 1998, immediately after completion of the project there. This Division as its name implies was commenced as a temporary Division for the development of Kayamkulam pozhy as a fishing Harbour. The Kayamkulam Fishing Harbour was commissioned by the Honourable Chief Minister on the 18th May 2008. As the works of Kayamkulam Fishing Harbour is now almost completed and as there are no other Division offices of Harbour Engineering Department in alappuzha District the Govt. issued Ext.P3 Government Order to deploy various offices of the Harbour Engineering Department for the smooth and effective functioning of the Department. Actually it is only a relocation of the office. 3. It is the admitted case of the petitioners in para. 1 of the Writ Petition that the Tsunami damages caused not only at the coastal area of Alappad Panchayath alone but also to the other areas of the Alappuzha District such as Arathupuzha and Andhakaranazhy. So the Kayamkulam Fishing Harbour Division now renamed as Harbour Engineering Division, Alappuzha and is ordered to function at Alappuzha would be effective and capable to look after the entire Tsunami Rehabilitation Programme Works in Alappuzha District. 4. The contention raised in the Writ Petition that there is no accommodation to house the office at Alappuzha is incorrect. Petitioner cannot dictate the respondents about the feasibility of building etc. to function a Government office in another district. The building owned by the Alappuzha Municipality at Alappuzha is allotted and taken over to function the Harbour Engineering Division at Alappuzha. The staff and officers of the Kayamkulam Fishing Harbour Division, Karunagappally is relieved from the present post to join at Alappuzha. The Harbour Engineering Division, Alappuzha had now started functioning at Alappuzha. W.P.(C).No. 15207 OF 2008 3 5. The petitioner had no right to file this Writ Petition invoking the provisions of Article 226 of the Constitution of India as they have no direct grievance in the matter, because Ext.P3 Government Order issued only to deploy the office of Harbour Engineering Department and it is significant to note that Exts.P3 and P5 orders did not state anything with regards to the abandonment of any TRP work at Alappad or any other Tsunami affected area. Instead, by the issuance of Exts.P3 and P5 orders it is only ensured the effective execution of all TRP works throughout the District and on this ground the petitioners are bound to welcome the Exts.P3 and P5 orders. It is pertinent to note that the petitioners are having no right to adopt a stand that a Division Office shall be there at Karunagappally for this Panchayath alone, which is not feasible. In fact the field offices such as 3 section offices and a Sub Division Office is still functioning at the area of operation of TRP works at Alappad, which is enough and more to meet the need of Alappad. 6. The petitioners are in no way directly connected with Harbour Engineering department, they or their livelihood or any of their rights are not affected by shifting of Divisional Office from one place to another. As already stated above, the work being undertaken by the Department in Alappad Panchayath will no way be affected due to the shifting of Divisional Office. Due to the shifting of Divisional Office and deployment of Officers the Government is financially benefited. Moreover, the work being undertaken at Alappuzha District can be completed promptly and properly due to the re-location of Divisional Office. Therefore the writ petition is without bonafides and is liable to be dismissed. The respondents are reserving the rights to file detailed counter affidavit”. In view of the above statement, I am not inclined to entertain this writ petition. However, if the petitioners find that if there is W.P.(C).No. 15207 OF 2008 4 delay in the implementation of the scheme, it would be open to them to approach this Court for appropriate reliefs. With the above observation, this writ petition is closed. S.SIRI JAGAN, JUDGE bkn/- W.P.(C).No. 15207 OF 2008 5