This writ petition challenged the deletion of the petitioner's name from the tsunami victims' beneficiary list. The Court held that it cannot adjudicate factual disputes and held alternative remedies available before the Lok Adalat.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 14TH DAY OF OCTOBER 2016/22ND ASWINA, 1938
WP(C).No. 17049 of 2008 (D) ----------------------------
PETITIONER(S):
SUBHADRA, AGED 58 YEARS, WIFE OF THANKACHAN, RESIDING AT KOCHUPARAMBIL,, AZHEEKKEL, KOLLAM.
BY ADVS.SRI.JOHNSON GOMEZ FR.JOHNY THOTTAM
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, KOLLAM.
3. THE TAHASILDAR, KARUNAGAPPALLY TALUK, KARUNAGAPPALLY, KOLLAM.
4. THE CHAIRMAN, PERMANENT ADALATH, VANCHIYOOR, THIRUVANANTHAPURAM.
BY SENIOR GOVERNMENT PLEADER SRI.SANTHOSH PETER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 17049 of 2008 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT | P1 | TRUE COPY 22/2/2005 |
OF THE ISSUED |
IDENTITY CARD NO.D4133 DATED BY THE R3 TO THE FIRST PETITIONER |
|---|---|---|---|---|
| EXHIBIT | P2 | TRUE COPY TO 77 PUBL |
OF THE ISHED B |
LIST BENEFICIARIES FROM SI.NO.38 Y THE R3 |
| EXHIBIT | P3 | TRUE COPY SUBMITTED |
OF THE BY THE |
REPRESENTATION DATED 7/7/06 PETITIONER BEFORE THE R2 |
| EXHIBIT | P4 | TRUE COPY ISSUED BY |
OF THE THE R1 |
ACKNOWLEDGMENT DATED 17/8/06 |
| EXHIBIT | P5 | TRUE COPY WPC.26906/ |
OF THE 2006 |
JUDGMENT DATED 12TH JULY, 2007 IN |
| EXHIBIT | P6 | TRUE COPY SUBMITTED |
OF THE BY THE |
SAID APPLICATION DATED 15/7/2008 PETITIONER BEFORE THE R4. |
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.V.ASHA, J.
W.P(C) No.17049 of 2008-D
Dated this the 14th day of October, 2016
JUDGMENT
The writ petition is filed for a direction to the respondents to consider Ext.P3 representation submitted by the petitioner and to grant her the benefits admissible for tsunami victims. The petitioner has also prayed for a direction to the 4th respondent to permit them to raise the grievances in the light of the judgment Ext.P5.
W.P(C) No.17049 of 2008-D 2
Rs.7,500/- as interim relief her name was deleted from the final list, without any reason. The representation submitted by her on 7.7.2006 against cancellation of her name from the list is pending. She also points out that she had submitted several representations before various authorities and in similar cases this court had, by Ext.P5 judgment dated 12.7.2007 in W.P©.No.26906 of 2006, allowed the petitioner therein to approach the Lok Adalat for redressal of his grievances. The petitioner submits that on the basis of the said judgment, award was passed in favour of the petitioners therein who had approached this court.
W.P(C) No.17049 of 2008-D 3
stopped much prior to the tsunami incident and at that time the said buildings were in a dilapidated condition as those were unattended for a pretty long time. The survey teams had included the building in the list of fully damaged houses since the petitioner pointed out some other building which was completely damaged and destructed in the tsunami. It was further stated that several complaints were received from the general public against the inclusion of the name of the petitioner and her sister saying that the said buildings were not damaged due to tsunami and the shop rooms were not attended for the last several years. On the basis of the said complaints, an enquiry was conducted again in which the allegations were found true. It is said that the petitioner and her sister were accordingly removed from the list. However, the relief of Rs.7,500/- to the petitioner and a sum of Rs.10,000/- to her sister were made by mistake, which was intended for meeting rent for getting a house on lease. It is further stated that the petitioner is not the real victim and the amount paid to her by mistake was not returned.
4
W.P(C) No.17049 of 2008-D
disputes and to come to a conclusion whether the petitioner was a real victim liable to be included in the list of tsunami victims. It was always open to the petitioner to approach the Lok Adalat or any other authority if she was aggrieved by the deletion of her name from the list, in case she was really aggrieved or she was a real victim of tsunami.
In the above circumstances, I dismiss the writ petition. However, this will not prevent the petitioner from approaching any authority as against the deletion of her name from the list of tsunami victims or to approach any authority to pursue her claim if any before the appropriate authorities.
Sd/- (P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether the court can adjudicate factual disputes regarding the eligibility of the petitioner as a tsunami victim.
Whether the petitioner has alternative statutory remedies available for the deletion of her name from the beneficiary list.
Subhadra
State of Kerala
District Collector, Kollam
Tahsildar, Karunagappally
Chairman, Permanent Adalath, Vanchiyoor
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
