Kerala High Court
Velayudhan O.P vs State Of Kerala on 10 October, 2024
Author: K. Babu
Bench: K. Babu
W.P.(C)No.15154 of 2021 2024:KER:75275
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 15154 OF 2021
PETITIONER:
VELAYUDHAN O.P.,
AGED 65 YEARS,
S/O. KARUPPAN, OTTUPARA HOUSE, KAVALAPPARA,
BHOODAN COLONY P.O., KURUBILANGOD,
MALAPPURAM DISTRICT
BY ADV
SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT , GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
3 THE PRINCIPAL SECRETARY,
THE KERALA STATE DISASTER MANAGEMENT AUTHORITY,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,PIN-695 033
4 THE DISTRICT COLLECTOR,
MALAPPURAM, MALAPPURAM P.O., PIN-676 505
5 THE TAHSILDAR,
NILAMBUR P.O., MALAPURAM DISTRICT,PIN-679 329
6 THE VILLAGE OFFICER,
POTHUKALLU VILLAGE, BHOODAN COLONY P.O.,
W.P.(C)No.15154 of 2021 2024:KER:75275
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MALAPPURAM DISTRICT,PIN-679 334
7 KERALA GRAMIN BANK
NETTIKULAM BAZAR BRANCH, MUNDERI ROAD,
NETTIKULAM P.O., MALAPPURAM DISTRICT,
PIN-679 354, REPRESENTED BY ITS MANAGER
BY ADV
SRI.JAWAHAR JOSE, R7
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 10.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15154 of 2021 2024:KER:75275
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K.BABU, J.
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W.P.(C) No.15154 of 2021
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Dated this the 10th day of October, 2024
JUDGMENT
The prayers in this Writ Petition filed under Article 226
of the Constitution of India are as follows:
"(a) Issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the
respondents to take immediate and effective steps to
properly compensate the petitioner for the proper
rehabilitation as a victim of Kavalappara tragedy.
(b) Issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the 7 th
respondent bank to write off the entire due of the
petitioner as per agricultural loan KCC
No.40158131009345 as he has lost his entire
agricultural land in the Kavalppara tragedy.
(c) Issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the 2 nd
respondent to consider and pass appropriate orders
on Ext.P7 representation submitted by the petitioner
within a time stipulated by this Hon'ble Court.
and
(d) Pass any other appropriate writ, order or
direction which this Hon'ble Court may deem fit to
issue and the petitioner may pray from time to time"
2. I have heard the learned counsel for the
petitioner, the learned Government Pleader and the learned
Standing Counsel appearing for respondent No.7 Bank.
W.P.(C)No.15154 of 2021 2024:KER:75275
3. The petitioner is a victim of a landslide happened
at Kavalappara in Malappuram District. The incident
happened on 08.08.2019, claiming 59 lives and causing
damage to 84 houses.
4. It is submitted that the petitioner lost his house
and the entire belongings. The landed property having an
extent of 1 Acres has turned to be not cultivable. The
petitioner had availed an agricultural loan to the tune of
Rs.Two lakhs from respondent No.7 for developing the
agricultural land. He had been promptly repaying the
amount. After the incident, the petitioner committed
default. It is submitted that the Government had declared a
project to rehabilitate the affected persons under the
Kavalappara Rehabilitation Project. It is submitted that the
amount granted by the State Government is not sufficient
for rehabilitation. The petitioner, therefore, seeks the
assistance of the Government in writing off the loan due to
respondent No.7 Bank.
Having considered the pleadings and the submissions,
there will be a direction to respondent No.2 to consider
W.P.(C)No.15154 of 2021 2024:KER:75275
Ext.P7 in accordance with law. The petitioner is also at
liberty to file an application seeking appropriate remedy
before respondent No.7. In the event, such an application is
filed, respondent No.7 shall consider the same in
accordance with law.
The writ petition stands disposed of.
Sd/-
K.BABU
JUDGE
VPK
W.P.(C)No.15154 of 2021 2024:KER:75275
APPENDIX OF WP(C) 15154/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF PURCHASE CERTIFICATE
NO.245/1988 ISSUED BY MANJERI LAND
TRIBUNAL DATED 27.07.1988.
Exhibit P2 THE TRUE COPY OF PURCHASE CERTIFICATE
NO.29/1989 ISSUED BY MANJERI LAND
TRIBUNAL DATED 16.01.1989.
Exhibit P3 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY POTHUKALLU VILLAGE OFFICE
DATED 09.03.2020.
Exhibit P4 THE TRUE COPY OF THE STATEMENT OF
ACCOUNT IN KCC NO.40158131009345 ISSUED
BY THE KERALA GRAMIN BANK DATED
14.07.2021.
Exhibit P5 THE TRUE COPY OF THE STATEMENT OF
ACCOUNT IN SB GENERAL NO.40158100108763
ISSUED BY THE KERALA GRAMIN BANK DATED
14.07.2021.
Exhibit P6 THE TRUE COPY OF THE DOCUMENT
NO.3024/2020 OF SRO EDAKKARA DATED
13.08.2020.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.06.2021.
