Society For Social Justice vs Union Of India
2021 Latest Caselaw 3805 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

               THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                        &

                   THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

           TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                            WP(C).No.11047 OF 2015(S)

PETITIONERS:

       1         SOCIETY FOR SOCIAL JUSTICE, AGED 28 YEARS,
                 (REG.NO.ER.712/2010), REPRESENTED BY ITS KOCHI AREA
                 SECRETARY, SHABEER, SON OF SIDDIQUE, H.NO.6/697,
                 POOVANTHINKAL HOUSE, MATTANCHERRY, KOCHI 682002

       2         ABDUL SALAM, AGED 50 YEARS
                 SON OF THURUTHY, C.P.THODU, FORT KOCHI 682002

                 BY ADV. SMT.T.B.MINI

RESPONDENTS:

       1         UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO
                 GOVERNMENT, MINISTRY OF HOUSING AND URBAN POVERTY
                 ALLEVIATION, CENTRAL SECRETARIAT, NEW DELHI 110 001

       2         STATE OF KERALA, REPRESETNED BY THE SECRETARY TO
                 GOVERNMENT, LOCAL SELF GOVERNMENT, (DC) DEPARTMENT,
                 SECRETARIAT, THIRUVANANTHPURAM 695 001

       3         THE EXECUTIVE DIRECTOR, KUDUMBASHREE,
                 THIRUVANANTHAPURAM 695001

       4         CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY,
                 CORPORATION OFFICE, BOAT JETTY ROAD, COCHIN 25

                 R1 BY SRI.K.A.BALAN, CGC
                 R1 BY ADV. SRI.K.A.BALAN CGC
                 SRI. P.VIJAYAKUMAR, ASG FOR R1,
                 SRI.SURIN GEORGE IPE SR GP FOR R2,
                 SRI.MILLU DANDAPANI, SC FOR R4
                 SRI.P.K.SOYUZ, SC

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11047 OF 2015(S)
                                     :: 2 ::




                                 JUDGMENT

Dated this the 2nd day of February 2021

S.MANIKUMAR, C.J.

Main concern raised in this writ petition is with respect to the

implementation of Rajiv Awas Yojana Scheme (RAY), without following the

guidelines of the Central Government. It is alleged that the real

beneficiaries are not included in the beneficiary list.

2. The first petitioner/Society for Social Justice is stated to be an

organization working among poor persons in Kerala for empowering the

poor sections. Second petitioner is a representative of the residents of

slum area, who are eligible to be included in the list, but excluded.

3. Prayers sought for in this writ petition are as follows:

i) to issue a writ of mandamus, order or any other writ, order or direction directing the respondents 2 to 4 to prepare the list after conducting the survey of Kochery area as mandated in the guidelines issued by the first respondent and include them in the beneficiary list and remove those who are not eligible according to the guidelines, if included in the beneficiary list;

ii) to issue a writ of mandamus, order or any other direction to the 4th respondent to start the work of flat and row house as per the scheme forthwith;

iii) to issue a writ of mandamus, or any other appropriate writ, order or direction directing the respondents 3 and 4 to produce the details of procedure followed for the WP(C).No.11047 OF 2015(S) :: 3 ::

implementation of RAY Project in the Cochin Corporation and the details of account regarding the amount received and expended so far before this Hon'ble Court for social audit;

iv) to direct the 4th respondent to produce before this Hon'ble Court the details of survey conducted for the implementation of the Scheme Rajiv Awas Yojana for slum eradication and alleviation of poverty.

4. Heard learned counsel for the parties and perused the materials

available on record.

5. Learned counsel for the petitioner submitted that as of now, the

writ petition has become infructuous.

Placing on record the above, writ petition is dismissed as

infructuous.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes WP(C).No.11047 OF 2015(S) :: 4 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. REG.NO.ER 715/2010 DATED 10.11.2010.

EXHIBIT P1(a) TRUE ENGLISH TRANSLATION OF EXT P1.

EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PORTION OF THE GUIDELINES OF RAJIV AWAS YOJANA SCHEME GUIDELINES 2013-2022.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE GUIDELINES FOR SLUM FREE CITY PLAN ACTION OF RAJIV AWAS YOJANA.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF GUIDELINES FOR COMMUITY PARTICIPATION IN RAY PROJECT.

EXHIBIT P5 TRUE COPY OF THE LIST OF BENEFICIARIES WITH THEIR PHOTOGRAPH PREPARED BY THE CORPORATION OF COCHIN.

EXHIBIT P6 TRUE COPY OF THE LIST PREPARED BY 3RD RESPONDENT AND SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LIST OF BENEFICIARIES OF RAW HOUSE PREPARED BY THE CORPORATION OF COCHIN.

EXHIBIT P8 TRUE COPY OF THE LIST OF BENEFICIARIES FOR THE INDIVIUAL HOUSE PREPARED BY THE CORPORATION OF COCHIN.

EXHIBIT P9 TRUE COPY OF THE INDIVIDUAL HOUSING BANK ACCOUNT STATUS LIST PREPARED BY THE CORPORATION.

// True Copy //

P.S. to Judge