Research › Search › Judgment

Madras High Court · body

2017 DIGILAW 4136 (MAD)

Fisherman Care, Registered Association, Rep. by its President L. T. A. Peter Rayan v. Union of India, Rep. by the Secretary, Ministry of Agriculture Food & Civil Supplies, New Delhi

2017-12-05

INDIRA BANERJEE, R.HEMALATHA

body2017
JUDGMENT : Indira Banerjee, J. 1. This writ petition by way of public interest has been filed by Fisherman care, an association to promote and protect the interest of the fishermen. 2. On or about 30th November, 2017, a deep depression in the Bay of Bengal intensified into a cyclone named “Ockhi” and hit the southern most part of the Indian mainland. Heavy rains accompanied by strong gusty winds caused loss of lives and uprooted trees and electric poles in Kanyakumari District in Tamil Nadu. The southern coastal areas of Kerala and Tamil Nadu were devastated by the Cyclone Ockhi. 3. As per news reports, Cyclone Ockhi uprooted 550 trees and 950 electric poles in Kanyakumari District at around 6.50 PM on 30.11.2017 and claimed lives. Trees and electric poles were uprooted at Vadaserry, Nagercoil, Thuckalay, Marthandam, Colachel, Kanyakumari, Kaliyakkavilai, Aralvaimozhi, Eathamozhi and other areas. 4. Train services were disrupted in the Nagercoil Kanniyakumari, Nagercoil Thiruvananthapuram and Nagercoil Tirunelveli sections on account of cyclonic winds and incessant torrential rains. All flights passing through the area were diverted. 5. By reason of the unfortunate Cyclone with wind speed of 55 to 65 Km per hour, which rose to 75 Km per hour on 30th November/1st December, 2017, sea conditions became very rough and many fishermen who were fishing in the deep sea, got swept away and are not traceable. 6. As per news reports, the Tamil Nadu Government made a statement yesterday that 2604 out of 2864 fishermen caught in the cyclone had been rescued. However, the exact figures would necessarily have to be ascertained. 7. From the news reports, it appears that the Indian Coast Guard and the Indian Navy have plunged into rescue operations. The Tamil Nadu State Disaster Management Authority had issued warning to fishermen not to go fishing in the Arabian Sea. 8. The petitioner association has sought a writ of mandamus directing the respondents to file a report of the details of the rescue operations carried out by the respondents along with the list of fishermen rescued and the steps taken to trace the missing fishermen and also to direct the respondents to formulate rehabilitation schemes to rehabilitate the families of the fishermen affected by the Cyclone Ockhi by providing compensation, employment etc. 9. The intense Cyclone was an act of God. It is not in dispute that the deep sea vessels were privately owned. 9. The intense Cyclone was an act of God. It is not in dispute that the deep sea vessels were privately owned. The plight of the affected people is, however, unfortunate. 10. There can be no doubt that every step has to be taken by the Government - be it the State Government or the Union of India, to rescue the fishermen and also to provide immediate relief to those affected by the Cyclone by providing them with shelter, food, clothing, medical treatment and the like. 11. From paragraph 5 of the affidavit filed in support of the writ petition, it appears that a fisherman, who reached the shore by his own effort, stated that only God saved his life. He stated that they were thrown into the sea by the Cyclone Ockhi. He also stated that he saw several bodies floating. At the cost of repetition, it is reiterated that many fishermen have been swept away, some of them have died, others are not traceable. It is not known whether those missing are dead or alive. Media reports reveal that about 600 fishermen managed to reach Gujarat on their own. 12. There can be no doubt that Navy and the Indian Coast Guard should take necessary steps to conduct search operations to rescue those who might be stranded. The respondents are bound to provide cyclone affected people with temporary shelter, food, clothing, drinking water and medical aid. It is for the Government to frame a scheme for providing financial assistance to the cyclone victims. However, it is not for this Court to fix the amount of compensation in case of a cyclone, which is an act of God. It is for the Union of India and the State Government to evolve norms for rehabilitation of not only fishermen, but also others hit by the cyclone in the affected areas and rendered homeless. The plight of those affected by the Cyclone Ockhi is pitiable. 13. Learned Government Pleader (in-charge) has handed over a Government Order being G.O.(Ms) No.380, Revenue [DM.III(2)] Department, dated 27.10.2015 in relation to grant of financial assistance to the victims of natural calamities from the State Disaster Response Fund. The norms of assistance are as follows: “TABLE” 14. The victims of Cyclone Ockhi, including fishermen, shall be provided with assistance/financial assistance in accordance with the government order, referred to above. The norms of assistance are as follows: “TABLE” 14. The victims of Cyclone Ockhi, including fishermen, shall be provided with assistance/financial assistance in accordance with the government order, referred to above. The expenditure is to be incurred from the SDRF. However, there are formalities for disbursal of assistance, such as identification of victims entitled for the disaster relief, so that the disaster relief is not misappropriated. However, immediate measures as provided in Column 3 shall be taken and provision made for temporary accommodation in relief camps, food, clothing, medical care etc., for cyclone victims evacuated and/or otherwise rendered homeless. 15. Since the writ petition is in public interest and this is not an adversarial litigation, we need not go into the question of whether the steps taken by the Government are appropriate or not. We expect that benevolent measures shall be taken by the State and the Central Government. The writ petition is disposed of. No costs.