Kerala High Court
Sumadkumar vs The State Of Kerala on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 11849 OF 2021
PETITIONERS:
1 SUMADKUMAR
AGED 26 YEARS
S/O. VELUSWAMY, HOUSE NO. 312/10, LAKSHMI BHAVAN,
PALLAM P.O. KOTTAYAM, PIN-686 006.
2 MARIYAMMA,
VEERAKALI HOUSE, KUNNUKUZHICHIRA, COLLECOTRATE P.O.
KOTTAYAM 2.
3 KALIYAMMA,
NIRMITHI COLONY, PANNIMATTAM, PALLAM -686 007.
4 LAKSMI,
MANJUBHAVAN, NIRMITHI COLONY, PULLARIKUNNU,
MALLUSSERY , KOTTAYAM.
5 PAL RAJ,
S/O. RAJU, THANNIKKAL PARAMBIL, VADAVATHOOR P.O.
KOTTAYAM.
6 VIMAL,
KAMALALAYAM,
NIRMITHI COLONY, PANNIMATTAM , PALLAM, P.O. KOTTAYAM.
7 ARJUNAN,
WARD NO. V, SAROJ BHAVAN, VADAVATHOOR P.O. KOTTAYAM.
8 SUKANYA RAJ,
S/O. RAJU, THANNIKKAL PARAMBIL , VADAVATHOOR P.O.
KOTTAYAM.
9 ISAK RAJ,
S/O. KARUPPU SWAMY, SIVAKAMI BHAVAN, KUZHIKKATTU COLONY
KANIYAN MALA, PANACHIKKAD.
10 ANANDKUMAR.M.,
THEKKEKAROTTA VEEDU, CHINGAVANAM, KOTTAYAM.
11 NAGARAJ,
S/O. RAMAKRISHNAN, NETHAJI NAGAR, MALLANKUZHI,
WP(C) Nos.11849 & 10305 of 2021
2
KOTTAYAM.
12 MURUGAN,
S/O. PALASAM, KOLAMATTAM COLONY, PARAMPUZHA P..O.
BY ADVS.
M.NARENDRA KUMAR
M.J.SAJITHA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT INSTITUTION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 CHIEF EXECUTIVE OFFICER,
LIFE (LIVELI HOOD INCLUSION OF FINANCIAL
EMPOWERMENT) MISSION, OFFICE OF THE LIFE MISSION, P
T C TOWERS, THIRUVANANTHAPURAM, PIN - 695 001.
3 DISTRICT COLLECTOR,
OFFICE OF THE KOTTAYAM DISTRICT COLLECTOR, CIVIL
STATION, KOTTAYAM, PIN - 686 002.
4 THE DIRECTOR,
SCHDULED CASTE DEVELOPMENT DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695 001.
5 DISTRICT OFFICER,
SCHEDULED CASTE DEVELOPMENT DEPARTMENT, CIVI
STATION, KOTTAYAM, PIN - 686 002.
BY ADV. SMT.PREETHA K.K, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.09.2021, ALONG WITH WP(C).10305/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11849 & 10305 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 10305 OF 2021
PETITIONERS:
1 KANAKARAJ.K.
S/O. KALIDAS MARIYAPPAN, MARIYAPPAN MUNICIPAL
COLONY, MUTTAMBALAM, KOTTAYAM, COLLECTORATE.P.O.,
KERALA, PIN-686 002
2 KAMALRAJ.K.,
S/O. KALIDAS MARIYAPPAN, MARIYAPPAN MUNICIPAL
COLONY, MUTTAMBALAM, KOTTAYAM, COLLECTORATE.P.O.,
KERALA, PIN-686 002
3 MAHESWARI,
NIRMITHI COLONY, MALLUSSERI P.O., PULLARIKUNNU,
KOTTAYAM, PIN-686 002
4 MANIKANTAN.K.,
HOUSE NO.9, MUNICIPAL COLONY, SUB JAIL ROAD,
COLLECTORATE.P.O., KOTTAYAM, PIN-686 002
5 JAYA CHELLAPPAN
VALSIYA BHAVAN, MUNSIFF COLONY, PANNIMATTAM, PALLAM
P.O., WARD -35, KOTTAYAM, PIN-686 002
6 KRISHNAN.M.
KRISHNA BHAVAN, PALLOM.P.O., PANNIMATTAM, KOTTAYAM,
PIN-686 002
7 RAMESH.B.,
PERUMAL NIVAS, VETTIMATTAM LANE, KANJIKUSHY,
KOTTAYAM,PIN-686 002
8 MANI.P.
RANJITH BHAVAN, PANNIMATTAM, NEAR NIRMITHI COLONY,
PALLAM P.O., KOTTAYAM, PIN-686 002
WP(C) Nos.11849 & 10305 of 2021
4
9 PETCHIAMMAL
20/L, KOSAMATTAM COLONY, PARAMPUZHA P.O.,
VIJAYAPURAM POST, MUTTAMBALAM, KOTTAYAM, KERALA,
PIN-686 004
10 MUNISHWARAN
NIRMITHI COLONY, MALLUSERI.P.O., PULLARIKUNNU,
KOTTAYAM,PIN-686 002
11 CHITRA
NIRMITHI COLONY, MALLUSERI.P.O., PULLARIKUNNU,
KOTTAYAM,PIN-686 002
12 NAGARAJAN.C.
KOSSAMATTOM COLONY, PARAMPUZHA P.O., KOTTAYAM, PIN-
686 004
13 NAGESVERI.C.
D/O. 16 C KOSSAMATTOM COLONY, PARAMPUZHA P.O.,
KOTTAYAM, PIN-686 004
14 NAGENTHRAN.C.
KOSSAMATTOM COLONY, PARAMPUZHA P.O., KOTTAYAM, PIN-
686 004
15 ALAGAMMAL.E.,
KARTHI HOUSE, VADAVATHOOR P.O., THENPRAVAL KADAVU,
KOTTAYAM, PIN-686 002
16 JAYA.M.
279, PARVATHY BHAVAN, VIJAYAPURAM, VADAVATHOOR,
KOTTAYAM,PIN-686 002
BY ADV M.NARENDRA KUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT INSTITUTION, SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 CHIEF EXECUTIVE OFFICER,
LIFE(LIVELIHOOD INCLUSION OF FINANCIAL EMPOWERMENT)
MISSION, OFFICE OF THE LIFE MISSION, P T C TOWERS,
WP(C) Nos.11849 & 10305 of 2021
5
THIRUVANANTHAPURAM, PIN-695 001
3 DISTRICT COLLECTOR,
OFFICE OF THE KOTTAYAM DISTRICT COLLECTOR, CIVIL
STATION, KOTTAYAM, PIN-686 002
4 THE DIRECTOR,
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
THIRUVANANTHAPURAM, PIN-695 001
5 DISTRICT OFFICER,
SCHEDULED CASTE DEVELOPMENT DEPARTMENT, CIVIL
STATION, KOTTAYAM,PIN-686 002
BY ADV. SMT.PREETHA K.K., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.09.2021, ALONG WITH WP(C).11849/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11849 & 10305 of 2021
6
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C)Nos.11849 and 10305 of 2021
--------------------------------------
Dated this the 07th day of September 2021
JUDGMENT
These two writ petitions are connected and
therefore I am disposing these two writ petitions by
a common judgment.
2. The grievance of the petitioners is that even
though the petitioners submitted an application for
getting the benefit of Ext.P2 Central Scheme to
construct a house, the same is not considered by the
authority concerned. It is stated in the writ
petition that the petitioners belongs to Scheduled
Caste community. The Government of Kerala introduced
Life Mission, a housing scheme to provide shelter to
landless and homeless people in Kerala. Ext.P2 is a
Central Scheme for the same purpose. The petitioners
preferred an application to get the benefit of Ext.P2
Scheme. The application was filed in 2019. The
WP(C) Nos.11849 & 10305 of 2021
necessary documents for processing the application
was also submitted by the petitioners, the learned
counsel submitted. Ext.P5 is the affidavit submitted
by the petitioners. The same is not considered by
the authority concerned and processed so far. Hence,
these writ petitions were filed.
3. Heard the learned counsel for the petitioners
and Smt.Preetha K.K, the learned Senior Government
Pleader.
4. Today when the matter came up for
consideration, the learned counsel submitted that he
will be satisfied, if a direction is issued to the
respondents to process the applications of the
petitioners for getting the benefit of Ext.P2 Scheme
in a time frame.
5. The learned Government Pleader also submitted
that the appropriate authority will consider the
application in accordance to law and will take
appropriate steps in accordance to law.
6. In the light of the above submission, there
can be a direction to the 3 rd and 5th respondents to
WP(C) Nos.11849 & 10305 of 2021
take appropriate steps to process the applications of
the petitioners to get the benefit of Ext.P2 order,
if their applications are in order and they are
eligible.
Therefore, these writ petitions are disposed in
the following manner:
i) The 3rd and 5th respondents are directed
to consider and pass appropriate orders in the
applications submitted by the petitioners for getting
the benefit of Ext.P2 Central Scheme, if it is in
order, as expeditiously as possible, at any rate,
within three months from the date of receipt of a
copy of this judgment.
ii) The 3rd and 5th respondents are free to
inform the petitioners, if any additional documents
are necessary for processing the application.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) Nos.11849 & 10305 of 2021
APPENDIX OF WP(C) 10305/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO.G.O.(RT)
NO.1321/2011/SCSTDD DATED 21.12.2011
EXHIBIT P2 TRUE COPY OF THE ORDER NO.G.O.(RT)
NO.21/2009/SCSTDD DATED 05.01.2009
EXHIBIT P3 TRUE COPY OF THE ORDER NO.GO.(ORD)
NO.1946/2019 LSGD DATED 06.09.2019
EXHIBIT P4 TRUE COPY OF LETTER DATED 23.01.2020 OF
THE 'LIFE MISSION' BEARING NO LM
1946/2019/LIFE
EXHIBIT P5 TRUE COPY OF AFFIDAVIT SWORN BY THE FIRST
PETITIONER
EXHIBIT P5A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
SECOND PETITIONER
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.3876/2015 DATED 25.11.2015
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.41342/2017 DATED 13.04.2017
WP(C) Nos.11849 & 10305 of 2021
APPENDIX OF WP(C) 11849/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO. G.O. (RT) NO.
1321/2011/SCSTDD DATED 21.12.2011.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. G.O.(RT) NO.
21/2009/SCTDD DATED 05.01.2009.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. GO (ORD) NO.
1946/2019 LSGD DATED 06.09.2019.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 23.01.2020
OF THE LIFE MISSION BEARING NO. LM
1946/2019/LIFE.
EXHIBIT P5 TRUE COPY OF AFFDIAVIT SWORN BY THE FIRST
PETITIONER.
EXHIBIT P6 TRUE COPY OF THE JUDGEMENT IN WPC NO.
41342/17 DATED 13/4/18.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.
3876/15 DATED 25.11.15.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
