Yasodharan vs The District Collector
2023 Latest Caselaw 7142 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                        WP(C) NO. 5586 OF 2023
PETITIONERS:

    1      YASODHARAN,
           AGED 59 YEARS,
           S/O PADMANABHAN, PATHICKAL HOUSE, NERIAMANGALAM PO,
           ERNAKULAM - 686 693.
    2      BABU AV,
           AGED 45 YEARS,
           S/O NARAYANAN, AROLIL HOUSE, 175, NERIAMANGALAM PO,
           ERNAKULAM - 686 693.
           BY ADVS.
           P.B.MUHAMMED AJEESH
           RAIEEZ M ASHRAF


RESPONDENTS:

    1      THE DISTRICT COLLECTOR,
           DISTRICT COLLECTORATE OFFICE, CIVIL STATION RD,
           KAKKANAD, ERNAKULAM - 682 030.
    2      THE TRIBAL DEVELOPMENT OFFICER,
           TRIBAL DEVELOPMENT OFFICE, MINI CIVIL STATION,
           MOOVATTUPUZHA, MUDAVOOR P.O., ERNAKULAM - 686 669.
    3      THE THASILDAR,
           TALUK OFFICE FOURTH FLOOR, REVENUE TOWER,
           SH 16, KOTHAMANGALAM, ERNAKULAM, PIN - 686 666.
           BY SRI.ROBINRAJ, SPL.G.P
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5586 OF 2023
                                     2

                                 JUDGMENT

The petitioners belong to Scheduled Tribe community. They

have obtained pattas in Neriyamangalam Tribal Settlement

Colony in the year 2017. According to the petitioners, the land

allotted to them identified as plot No.102 (allotted to the 1st

petitioner) and Plot No.47(allotted to the 2 nd petitioner) are unfit

for habitation and were seriously affected in the floods in the year

2018 and 2019. It is therefore that the petitioners have

approached this Court seeking the following relief:-

"Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd and 3rd respondents to allot a habitable plot by consider Ext.P5 to Ext.P8 representation within the time as specified by this Honorable court by affording the petitioner reasonable opportunities of personal hearing."

2. The learned Special Government Pleader, on

instructions would submit that the 3rd respondent has reported

that Plot Nos.102 and 47 among the plots allotted to members of

the Scheduled Tribe community in the Neriyamangalam Tribal

Settlement Colony are actually unfit for habitation owing to

possibility of flood and land slides. It is submitted that WP(C) NO. 5586 OF 2023

proceedings have already been initiated to identify the plots

which are unfit for habitation and to allott other suitable plots.

3. Taking into consideration the submission made by the

learned Special Government Pleader, this writ petition will stand

disposed of directing the competent among the respondents to

consider Exts.P5 to P8 representations made by the petitioners

and take a decision thereon, within a period of five months from

the date of receipt of a certified copy of this judgment.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 5586 OF 2023

APPENDIX OF WP(C) 5586/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 1ST PETITIONER ISSUED BY THE TAHSILDAR, KOTHAMANGALAM TALUK DATED 21.01.2020 ExhibitP2 THE TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE TAHSILDAR, KOTHAMANGALAM TALUK DATED 15.09.2021 ExhibitP3 THE TRUE COPY OF THE PATTA NO. LA (T) 33/17 DATED 31.01.2017 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER ExhibitP4 THE TRUE COPY OF THE NOTICE DATED 13.08.2019 ISSUED BY THE VILLAGE OFFICER, NERIAMANGALAM VILLAGE ExhibitP5 THE TRUE COPY OF THE APPLICATION DATED 17.08.2019 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ExhibitP6 THE TRUE COPY OF THE APPLICATION DATED 12.08.2021 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P7 THE TRUE COPY OF THE APPLICATION DATED 17.08.2019 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT ExhibitP8 THE TRUE COPY OF THE APPLICATION DATED 12.08.2021 FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT ExhibitP9 THE TRUE COPY OF THE JUDGMENT DATED 05.10.2021 IN WPC NO. 19360 OF 2021 PASSED BY THIS HON'BLE COURT