In this writ petition, the petitioner challenged the expansion of the Bhavana Samunnathi Scheme from Tamil Brahmin Agraharas to other forward community houses. The High Court found no reason to interfere with the Government's policy decision to widen the scheme's beneficiaries within the prescribed income limit.
No Costs.
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 MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 17TH DAY OF NOVEMBER 2017/26TH KARTHIKA, 1939
WP(C).No. 36012 of 2017 (B)
PETITIONER(S):
SUBRAMANIAN K.R.,
S/O LATE K.S.RAMACHANDRA IYER, AGED 79, RESIDING AT 111/382, KUZHALMANNAM, AGRAHARAM, KUZHALMANNAM POST, ALATHUR, PALAKKD- 678 702
BY ADVS.SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)
RESPONDENT(S):
1. THE STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL ADMINISTRATION (CO-ORDINATION) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. THE KERALA STATE WELFARE CORPORATION FOR FORWARD COMMUNITIES LTD, L.2, KULEENA, JAWAHAR NAGAR, KOWDIAR, THIRUVANANTHAPURAM, PIN- 695 003 REP. BY ITS MANAGING DIRECTOR.
R1 GOVERNMENT PLEADER SRI.B.VINOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 36012 of 2017 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P3 TRUE COPY OF G.O(RT) NO.4846/2016/GAD, DATED 28-07-2016
RESPONDENT(S)' EXHIBITS - NIL
/TRUE COPY/
PS TO JUDGE
TS
K. VINOD CHANDRAN, J.
W.P.(C) No. 36012 of 2017 (B)
Dated: 17th November, 2017
J U D G M E N T
The petitioner is aggrieved with the expansion of the Scheme, brought out by Ext.P1, as seen from Ext.P6. The Government had constituted the 2nd respondent as a Company under the Companies Act, 1956, and had also brought out a Scheme as per Ext.P1, wherein, Agraharas of Tamil Brahmins were sought to be renovated. Later, the houses belonging to other forward community members also were included as per Ext.P6.
W.P.(C) No. 36012/2017
-2-
from Ext.P8, though General Administration Department had provided budget allocation of Rs.440 lakhs for the renovation and restoration of Agraharas, there was an extension made, on recommendation, for including the houses of other forward community members also.
W.P.(C) No. 36012/2017
-3-
of the Finance Department; Member Secretary, State Planning Board and the Managing Director of the 2nd respondent had together recommended the expansion of the Scheme to houses of other forward community members, definitely who come within the income limit as prescribed in Ext.P6. The Government having taken a policy decision to expand the Scheme to other forward community members also, this Court does not find any reason to interfere in it, especially since what the petitioner seeks is the expenditure of the amounts as allocated by the State for a particular community members alone.
The writ petition would stand dismissed. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 17/11/17
1 issue framed by the court
Whether the Court can interfere with the Government's policy decision to expand the Bhavana Samunnathi Scheme to include houses of other forward community members within the income limit.
Subramanian K.R.
The State of Kerala
The Kerala State Welfare Corporation for Forward Communities Ltd
K VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
