[Vizhinjam Adani Port] No quarrel over fact that coastal fisherfolk are stakeholders: Kerala High Court

The Kerala High Court on Thursday observed that there is no quarrel over the fact that the coastal fisherfolk residing in and around the Vizhinjam Adani Seaport construction site are stakeholders in the project [Nirmala Johny & Ors. v State of Kerala & Ors.].

Justice VG Arun made the observation while he was considering a plea moved by 128 persons from the fisherfolk community residing in the vicinity of the contentious Vizhinjam Project, seeking a stay on further construction of the port until the Expert Committee appointed by the State submits a report on the impact of the said project.

During the hearing, advocate Parvathy Menon, appearing for the Victim Right Centre under the Kerala State Legal Services Authority (KELSA), submitted that fisherfolk in the area have been living in four containers, in absolutely inhuman conditions. She said that they have moved a representation before the Chief Secretary to the State government as well.

“ No one can have quarrel with the fact that they (coastal fisherfolk) are stakeholders....It is a very pitiable situation. Why don’t you make available a copy of the report before the court? I will suo moto implead the Victim Right Center under KELSA,” Justice Arun orally remarked.

Thereafter, the court suo moto impleaded the Victim Right Centre, directed them to file a copy of their report on the project and the condition of the fisherfolk community.

The petitioners in the present plea contended that their houses have been destroyed on account of soil erosion after the commencement of dredging work and breakwater constructions undertaken in connection with the Vizhinjam project.

They further contended that they face imminent threat of destruction as presently they are staying in godown and other facilities.

“The petitioners and their family members face an existential crisis of different kinds related to the loss of coastal commons namely beaches and access to the sea. Their boats cannot land and park near their homes, Shore Seine (Kamba valla) fishermen have no beach access, fisherwomen among petitioners have given up fish vending as boats with fish can no more land in their villages,” the plea said.

The plea further stated that even though the State responded to the petitioners' issues by trying to build sea walls and groyne, it backfired as it curtailed their access to the sea.

In light of the issues faced by the petitioners, the State Government had constituted an Expert Committee to study the impact of the Vizhinjam Project.

Therefore, the petitioners approached the Court seeking a stay on the Vizhinjam Project at least until a report is submitted by the Expert Committee.

In the last several months, the Vizhinjam Port construction site has been thronged by protestors demanding, among other things, proper environmental impact studies, rehabilitation of families who lost their homes to coastal erosion, and rectifying coastal damages.

Two petitions were moved by Adani Ports and by its contracting partner Howe Engineering Projects, seeking police protection in light of these protests.

However, after Chief Minister Pinarayi Vijayan recently convened a meeting with the protest organizers and leaders, the protests were called off.

The present petition will be taken up again immediately once the Court reopens after its upcoming Christmas vacation.

The petitioners are represented by advocates Ajit Joy, Harish Vasudevan, Sayujya, and Aneesh James.