Tamil Nadu - Madurai   

Madurai High Court Bench goes to the rescue of tsunami-hit fishermen

Staff Reporter

"No point in denying relief to `patti' net losers while recompensing for `gill' nets"

MADURAI : The Madurai Bench of the Madras High Court has come to the rescue of the fishermen who lost their belongings during tsunami, which struck the coastal areas on December 26, 2004.

Allowing a public interest litigation moved by one of them from Mallipattinam in Pudukottai taluk, a Division Bench comprising Justice K. Ravirajapandian and Justice S. Tamilvanan ruled that there was no "reasonable nexus" between denying compensation to the poor fisher folk who lost their `patti' nets, while recompensing the loss of `gill' nets, used by affluent fishermen in `catamarans' and `vallams.'

Referring to the counter affidavit filed by the State, which contended that `gill' nets were used for deep sea fishing, whereas `patti' nets were used within 100 metres from the shore and hence the nets were quite different in nature, the Bench said: "It is obvious that the Respondents (Government) have defended the case for the sake of defence."

The Judges further said, the Government Order (G.O.) providing relief for loss/damage of `gill' nets was not a concessional notification or a concessional relief given to the fishermen against the statutory provisions. Instead the State, after taking stalk of the alarming situation that prevailed following the devastation, had directed the officials to verify the loss and compensate them appropriately.

"While verification one or two minor lapses as that of the present case have not been taken into consideration. That might be the precise reason for including `gill' nets in the G.O. and leaving out `patti' nets, which are used by poor fishermen who cannot even afford to have a mechanised boat of their own," they added.

Hence, taking in to consideration, the avowed object of the Government order to recuperate the affected fishermen, the `patti' net holders cannot be denied the benefit conferred under the G.O., otherwise it would amount to gross discrimination, the Bench said.

It was made clear that the benefit should be given not only to the petitioner but also to all other affected fishermen who had not approached the court.

Under the G.O., Rs. 20 crores was sanctioned for replacing 10,000 units of `gill' nets used in `vallams' at the rate of Rs.20,000 per unit.

Similarly, Rs.10, 000 per unit was granted for replacement of 20,000 units of `gill' nets for catamarans.

But the petitioner, S. Venkatachalam (34) was denied assistance though he had lost four `patti' nets worth Rs. 32,000.

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