Remanded

Kanakamma v. Thiruvalla Muncipality

Kerala HC16 Dec 2020WP(C)/6730/2020

Case brief

AI extract

What is this about?

The Court allowed the petition of a homeless lady seeking financial assistance under Pradhan Mantri Awas Yojana – Life Scheme. The Court directed the Additional 3rd Respondent to issue a certificate within two weeks confirming the petitioner's name does not figure in any ration card, enabling the Municipality to process her application.

What did the court decide?

Directed Additional 3rd Respondent to issue a certificate within two weeks stating petitioner's name is not in any ration card; Municipality to process application thereafter.

Kanakamma Vs Thiruvalla Muncipality — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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WP(C).No.6730 OF 2020(M)

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PETITIONER:

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KANAKAMMA, AGED 67 YEARS, CHAKKALATHARA HOUSE, CHATHAMALA, PALIYEKKARA, THIRUVALLA VILLAGE, THIRUVALLA TALUK.

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BY ADVS. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SHRI.AKHIL RAJ

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RESPONDENTS:

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1 THIRUVALLA MUNCIPALITY, THIRUVALLA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 101, REPRESENTED BY ITS SECRETARY.

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2 MUNICIPAL SECRETARY, THIRUVALLA MUNICIPALITY, THIRUVALLA P.O., THIRUVALLA, PATHANAMTHITTA, PIN-689 101

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ADDL. THE TALUK SUPPLY OFFICER, THIRUVLLA TALUK 3 SUPPLY OFFICE, THIRUVALLA, PATHANAMTHITTA 689 101

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IS SUO MOTU IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER ORDER DTD 16.12.2020.

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R1-2 BY SRI.S.SUBHASH CHAND, SC, THIRUVALLA MUNICIPALITY

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S GOPINATHAN ADDL RESPONDENT

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6730 OF 2020(M)

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..2..

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JUDGMENT

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Dated this the 16th day of December 2020

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The petitioner, a homeless lady, owns 7 cents of land within the Thiruvalla Municipality. She claims that her husband has deserted 40 years ago and she lives with her differently abled daughter her aged 42 years. Her request to construct a residential building by availing financial assistance under Pradhan Mantri Awas

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Yojana – Life Scheme is caught up in legal hurdle regarding eligibility, as the petitioner does not have a ration card. Ration card is given to those persons who is having permanent address within a Taluk. The Municipality is unable to process the request for this reason.

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The Municipality filed a statement before this Court, in which, it is stated that the petitioner was directed to produce the ration card to proceed further in the matter and to sanction the financial assistance. It is also submitted that at least the petitioner should produce a certificate showing that petitioner's name does not

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WP(C).No.6730 OF 2020(M)

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..3..

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figure in any ration card.

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The very object of the scheme is to provide financial assistance to urban poor to provide shelter. The objectives of the scheme cannot be defeated for the persons not being able to hold a ration card.

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In such circumstances, the additional 3^rd respondent shall issue a certificate, if the petitioner's name is not figured in any ration card, so as to enable her to obtain financial assistance under the above scheme. It is appropriate to direct the additional 3^rd respondent to issue such certificate evidencing that the petitioner's name is not figured in any ration card. That shall be done within two weeks. On production of such certificate, the Municipality shall process the application, without any further delay.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.6730 OF 2020(M)

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..4..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENTS DATED 19.02.2019.

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EXHIBIT P2 THE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS DATED 10.05.2019.

Kanakamma v. Thiruvalla Muncipality

Case brief

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Kanakamma v. Thiruvalla Muncipality

Case brief

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