JAMES, PROPRIETOR, BACK WATER NAVIGATION COMPANY Vs. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY

JUDGEMENT

(1.) The captioned writ petitions are filed by one and the same person, contending that there is substantial delay in disbursement of subsidy to the petitioner against transportation of goods through coastal and inland waterways. Therefore, I heard them together and propose to deliver this common judgment. Brief material facts discernible from W.P.(C) No.39776 of 2017 are as follows:

(2.) Petitioner is the owner of self-propelled barge of double hull by name "Hail Mary", specifically structured for inland waterways and having due classification certificate of International Classification Society "RINA", as mandated under Inland Vessels Act, 1917, and Kerala Inland Vessels Rules, 2010, and has due certificate as per law for operating through inland waterways under the control of Inland Waterways Authority of India, i.e., the 4th respondent. The State Government had issued Ext.P4 notification announcing subsidy to operators undertaking coastal shipping and transportation through inland waterways, and Ext.P5 is the procedure to process the claim. As per the procedure, 4th respondent needs to countersign the claim regarding the passage of the vessel through Inland Waterways.

(3.) It is the case of the petitioner that, petitioner has the vested right to get the said subsidy and the State Authorities have no objection in that regard as well. However, there is refusal on the part of the 4th respondent to process the claim, as per the procedure, restrains the State from disbursement of subsidy. Regarding the delay in disbursing the subsidies on account of non-processing of claims by IWAI, petitioner had submitted Exts.P7 and P7(a) representations. Further, petitioner had moved this Court by filing W.P.(C) No.25030 of 2017 and as per Ext.P9 judgment, this Court directed the 3rd respondent, i.e., the Chief Engineer, Major Irrigation Department to resolve the disputes by and between the parties within two weeks. Nonetheless, after substantial delay, the 3rd respondent issued Ext.P10 order, directing the petitioner to submit the claim through the 4th respondent as directed in the Government Order, in order to process the claim for subsidy by the Irrigation Department.