Manimon And Others vs State Of Kerala And Others
2021 Latest Caselaw 19657 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                            WP(C) NO. 29381 OF 2008
PETITIONERS:

     1         MANIMON AND OTHERS
               HOUSE NO. 75 A/XIII, VELLANATHURUTHU,, ALAPPAD.

     2         THANKACHI KUNNUMPURATH HOUSE
               NO. 318/XIII, ALAPPAD.

     3         HARILAL EDAYILA VEEDU
               HOUSE NO. 88 A/XIII, VELLANATHURUTHU, ALAPPAD.

     4         VIJAYADHARAN PULIMOOTTIL
               H. NO. 99/XIII, VELLANA THURUTHU, CHERIYAZHICKAL, ALAPPAD.

     5         PRABHA KOCHU VEETTIL
               HOUSE NO. 116/XIII, VELLANATHURUTHU.

     6         SASIMATHI WO. SASI
               CHALLIYIL HOUSE NO. 254/XII,, VELLANATHURUTHU, CHERIYAZHICKAL,
               ALAPPAD.

     7         RENKAN KUNNUMPURATHU
               HOUSE NO. 57/XII,, VALLANATHURUTHU, CHERIYAZHICKAL, ALAPPAD.

     8         RAAHULAN ARAYASSERIL
               HOUSE NO. 403 B/V, SRAYIKKAD, ALAPPAD.

     9         SUMA THEKKE THUPPASSERIL
               HOUSE NO. 401 C/XII, VELLANATHURUTHU,, ALAPPAD.

     10        BOSE HOUSE NO. 401 AXII
               THEKKE THUPPASSERIL,, VELLANATHURUTHU, ALAPPAD.

     11        RAJESH KALUPURAYIL
               HOUSE NO. 314/XII,, PANDARATHURUTHU, ALAPPAD.

     12        SADHU SHEELANA HOUSE NO. 125 BXII
               PANDARATHURUTHU, ALAPPAD.

     13        SWAMYNATHAN SADHU PURUTHU
 WP(C) NO. 29381 OF 2008
                                2



          HOUSE NO. 262/XII, PANDARATHURUTHU,, CHERIYAZHICKAL,
          ALAPPAD.

    14    SURESH PUTHUMANGALATH
          HOUSE NO. 259/XII,, PANDARATHURUTHU,
          CHERIYAZHICKAL.P.O,, ALAPPAD.

    15    JOYI THEKKE THUPPASSERIL HOUSE
          HOUSE NO. 401 B/XII, VELLANATHURUTHU, ALAPPAD.

          BY ADV SRI.S.KRISHNAMOORTHY



RESPONDENTS:

    1     STATE OF KERALA AND OTHERS
          CHIEF SECRETARY, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM.

    2     DEPARTMENT OF REVENUE REP. BY ITS
          SECRETARY (CUSTODIAN OF RELIEF FUND),
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

    3     DISTRICT COLLECTOR KOLLAM.

    4     THE VILLAGE OFFICER
          ALAPPAD VILLAGE, ALAPPAD, KARUNAGAPPALLY.

          BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

          SMT. RASHMI.K.M, SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29381 OF 2008
                                    3




              P.V.KUNHIKRISHNAN, J.
           ===================
             WP(C) No. 29381 OF 2008
           ===================
    Dated this the 17th day of September 2021


                          JUDGMENT

The above writ petition is filed with the following

prayers;

" i) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to provide new houses to the petitioners under the Tsunami Rehabilitation Programme;

ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to conduct an Independent Enquiry into the allegations of the petitioners by appointing an appropriate team for enquiring into the facts that whether the present allotment 4544 houses, especially 537 new houses in Alappad Village alone are in favour of Genuine victims and to find out why the petitioners excluded from the list of Allotment of new Houses;

iii. To issue such other reliefs as this Hon'ble Court shall deem just and proper in the circumstances of the case."

WP(C) NO. 29381 OF 2008

2. This writ petition is pending before this Court from

2008 onwards. The learned counsel for the petitioners

submitted that, the petitioners will file a fresh representation

narrating their grievance and the same may be directed to

considered by the 1st respondent.

3. The learned Government Pleader submitted that

the benefits that can be given to the petitioners were already

given. It is also submitted that, even after filing the writ

petition the benefits were given to some of the petitioners.

Submission of the learned Government Pleader is that

probably the prayers in the writ petition are infructuous.

4. I don't want to make any observations about the

merit of the case. If the petitioners are still aggrieved and

they have any surviving grievance, they can file a

representation before the 1st respondent and the same can

be directed to be considered by the 1st respondent. WP(C) NO. 29381 OF 2008

Therefore this writ petition is disposed in the following

manner.

1. The petitioners are free to file a representation

before the 1st respondent, within three weeks from the date

of receipt of a copy of this judgment, if they have any

surviving grievance.

2. If such a representation is received, the 1 st

respondent will consider the same and pass appropriate

orders, in accordance to law, within four months from the

date of receipt of such representation.

(Sd/-)

P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 29381 OF 2008

APPENDIX OF WP(C) 29381/2008

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 05.09.2008 ISSUED BY THE VILLAGE OFFICER IN FAVOUR OF THE 1ST PETITIONER.

EXHIBIT P1(A) TRUE COPY OF THE CERTIFICATE DATED 05.09.2008 ISSUED BY THE VILLAGE OFFICER, ALAPPAD VILLAGE TO 9TH PETITIONER.

EXHIBIT P1(B) TRUE COPY OF THE CERTIFICATE DATED 05.09.2008 ISSUED BY THE VILLAGE OFFICER, ALAPPAD VILLAGE TO THE 10TH PETITIONER

EXHIBIT P1(C) TRUE COPY OF THE CERTIFICATE DATED 05.09.2008 ISSUED TO THE 12TH PETITIONER.

EXHIBIT P2 TRUE COPY OF STATEMENT FILED BY DISTRICT COLLECTOR, ALAPPUZHA IN W.P.C. NO. 16881/2005

EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE ALLOTTMENT LIST PUBLISHED BY THE 3RD RESPONDENT.

                //   True Copy //       PA to Judge