Writ petition filed seeking damages for landslide losses. Court directed respondents to consider the petitioner's compensation application within two months.
Directed 2nd respondent to consider petitioner's compensation application and pass orders within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
WP(C).No.93 OF 2020(J)
PETITIONER:
SARNGADHARAN N., AGED 64 YEARS
S/O.NANU, MEKKODIYIL, CHITHIRAPURAM P.O., ANACHAL, PALLIVASAL VILLAGE, DEVIKULAM TALUK, DIST. IDUKKI -685565.
BY ADVS.
SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU SMT.DHANUJA M.S
RESPONDENTS:
1 THE ADDITIONAL CHIEF SECRETARY, REVENUE AND DISASTER MANAGEMENT AUTHORITY, SECRETARIAT, THIRUVANANTHAPURAM-695001.
SMT. PRINCY XAVIER GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.93 OF 2020(J)
JUDGMENT
This writ petition is filed seeking the following prayer:-
“Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 & 2 to immediately disburse atleast the sum Rs.10 lac (Rupees Ten lac only) towards a share of damages and loss sustained by the petitioner from the disaster management fund raised by the Govt. or otherwise.”
WP(C).No.93 OF 2020(J)
3
In the above view of the matter, there will be a direction to the 2nd respondent to take up the application preferred by the petitioner for compensation and to pass orders on the same, taking note of the materials produced by the petitioner and after hearing the petitioner. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with a copy of the judgment before the 2nd respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
Bng/15.02.2020
WP(C).No.93 OF 2020(J)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A PHOTO COPY OF 17.5.2002 OF SR |
SALE DEED NO.1028 DATED O DEVIKULAM. |
|---|---|---|
| EXHIBIT P2 | A PHOTOCOPY OF | WILL DATED 17.5.2002. |
| EXHIBIT P3 | A PHOTOCOPY OF SRO DEVIKULAM. |
SETTLEMENT DEED NO.1367/1992 OF |
| EXHIBIT P4 | A PHOTOCOPY OF 20.4.2017. |
LAND TAX RECEIPT DATED |
| EXHIBIT P5 | A PHOTOCOPY OF 3.1.2018. |
POSSESSION CERTIFICATE DATED |
| EXHIBIT P6 | A PHOTOCOPY OF | APPLICATION DATED 19.1.2017. |
| EXHIBIT P7 | A PHOTOCOPY OF ALONG WITH THE |
BUILDING PERMIT DATED 21.4.2017 PLAN OF THE BUILDING. |
| EXHIBIT P8 | A PHOTOCOPY OF 6.6.2018. |
COMPLETION CERTIFICATE DATED |
| EXHIBIT P9 | A PHOTOCOPY OF COMPENSATION. |
APPLICATION DATED 19.9.2018 FOR |
| EXHIBIT P10 | A PHOTOCOPY OF 10.12.2018. |
REPRESENTATION DATED |
| EXHIBIT P11 | A PHOTOCOPY OF | REPRESENTATION DATED 26.6.2019. |
| EXHIBIT P12 | A PHOTOCOPY OF OF THE BUILDING |
DISPLAYING THE HEAP OF DEBRIS . |
| EXHIBIT P13 | A PHOTOCOPY OF | STATEMENT OF LOSS OF ARTICLES. |
| EXHIBIT P14 | A PHOTOCOPY OF HUMAN RIGHTS CO |
PETITION DATED NIL BEFORE THE MMISSION. |
| EXHIBIT P15 | A PHOTOCOPY OF BY TAHASILDAR. |
LETTER DATED 13.3.2019 ISSUED |
| EXHIBIT P16 | A PHOTOCOPY OF FROM 1ST RESPON |
COMMUNICATION DATED 28.1.2019 DENT. |
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
