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2023 Supreme(Online)(KER) 3941
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, Murali Purushothaman, J
SONY P. GEORGE – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) 2652/2023
ADVS.ALEX.M.SCARIA ALEN J. CHERUVIL SAHL ABDUL KADER SANJITH KUMAR R.
Governments have discretion to promote agricultural education through international tours, notwithstanding prior financial liabilities owed to farmers.
Headnote:
Public Interest - Farmers' Welfare - Government Orders - Summary of Key Legal Provisions
Fact of the Case:
A public interest litigation was filed challenging the government’s decision to conduct an international exposure tour for farmers to Israel, amidst ongoing financial liabilities to farmers in Kerala due to unpaid compensation and schemes.
Finding of the Court:
The court upheld the government's right to conduct the tour, stating that the initiative to expose farmers to modern agricultural practices would not be deemed arbitrary, despite existing financial liabilities.
Issues: Whether the government can conduct an international study tour for farmers without first addressing financial dues to them.
Ratio Decidendi: The court concluded that the exposure visit's purpose is educational for agricultural best practices, which does not conflict with addressing existing financial obligations.
Final Decision: Writ petition dismissed.
J U D G M E N T
Dated this the 27th day of January, 2023 S. Manikumar, CJ.
Instant public interest litigation is filed for the following reliefs:
“i. declare that the respondents are not entitled to conduct any study tour as per Exhibits P1 to P5 process, without discharging the liabilities towards farmers under various schemes/financial and compensation requirements;
ii. quash Exhibit P1 and consequential proceedings thereon;
iii. issue a prohibitive order that there shall not be any tour under the guise of study tour to Israel in pursuance of the Exhibits P1 to P5 proceedings unless there is an authentic document that the agricultural activity in Kerala requires similar techniques that are being followed in Israel;
iv. direct the 3rd respondent that it shall not issue any clearance for a trip to Israel under the guise of study tour under the hegemony of the 1st and 2nd respondents as per Exhibit-P1”
2. Short facts leading to filing of the writ petition are as under:
2.1. The highly indebted State of Kerala avails of luxury of a trip to Israel under the guise of tour as per Exhibit-P1. It is without any specified purpose and not for any training etc. The selection process for selecting persons named in Exhibit-P5 was not transparent. The conditions of agriculture and climate in Israel are totally different from that of the State of Kerala. Practically the proposed tour for 4 days would not yield any result rather than wastage of 2 Crores of Rupees from extravagance. The farmers in the State of Kerala are under starvation and poverty due to the failure of the State mechanism in various means. The amount due to the farmers out of the various schemes and compensation are not being paid for want of funds. At the same time this extravagance is going on. Hence, this writ petition.
3. Exhibit P1 is a Government Order issued by the Agriculture (EB) Department, G.O.(Rt) No.944/2022/AGRI. dated 2.11.2022 proposing a tour to a foreign country, which reads thus:
“GOVERNMENT OF KERALA Abstract Agriculture Department - Exposure tours for farmers - Administrative Sanction accorded - Orders issued. -------------------------------------------------------------------------------------------------- AGRICULTURE (EB) DEPARTMENT G.O.(Rt)No.944/2022/AGRI Dated,Thiruvananthapuram, 02-11-2022 --------------------------------------------------------------------------------------------------- Read 1. Letter No. ADFW/9395/2021-TP2 dated
25.09.2022 from the Director, Agriculture &
Farmers' Welfare Department.
2. Minutes of the Working Group Meeting held on
14.10.2022.
ORDER
The Budget Speech 2022 envisages a scheme at a cost of Rs 2 Crore by which the farmers of the State can understand the best practices in agriculture by visiting farms in India and abroad where profitable farming is practiced using modern techniques and an amount of Rs 0.01 lakh has been allocated in the current financial year under the H/A 2401-00-109-80 Plan.
2) The Director, Agriculture & Farmers Welfare Department, vide letter read above, has submitted a project proposal for conducting National and International Agricultural Technology Exposure tours for farmers for an estimated cost of Rs.200 lakh and requested sanction the required amount through additional authorization towards H/A- 2401-00-109-80 Plan as the available budget provision earmarked for the Scheme "Strengthening of Agricultural Extension" under this Head is required for implementing the components sanctioned for the current financial year.
(3) The working Group meeting as per the minutes read (2)
above approved the proposal.
4) Government have examined the matter in detail and are pleased to accord Administrative Sanction as approved in the working group meeting, for conducting national and international exposure tours for farmers, for an amount of ₹200 lakh by meeting the expenditure from the 2401-00-109-80 Plan earmarked as budget provision during the current financial year subject to the specific conditions as follows:
a. Internatio
