Allowed

Kanakaraj.K. v. the State of Kerala

Kerala HC7 Sept 2021WP(C)/10305/2021

Case brief

AI extract

What is this about?

Connected writ petitions filed by Scheduled Castes asserting that their applications for housing benefits under the Ext.P2 Central Scheme were not considered. The Court directed authorities to process eligible applications within three months. Subject classification reflects housing welfare scheme non-retirement context per available enum list constraints where 'housing' is absent.

What did the court decide?

The 3rd and 5th respondents are directed to consider and pass appropriate orders in the applications of the petitioners for the Ext.P2 Central Scheme within three months.

Kanakaraj.K. Vs the State of Kerala — Land Acquisition | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943

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WP(C) NO. 11849 OF 2021

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PETITIONERS:

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1 SUMADKUMAR AGED 26 YEARS S/O. VELUSWAMY, HOUSE NO. 312/10, LAKSHMI BHAVAN, PALLAM P.O. KOTTAYAM, PIN-686 006.

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2 MARIYAMMA, VEERAKALI HOUSE, KUNNUKUZHICHIRA, COLLECOTRATE P.O. KOTTAYAM 2.

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3 KALIYAMMA, NIRMITHI COLONY, PANNIMATTAM, PALLAM -686 007.

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4 LAKSMI, MANJUBHAVAN, NIRMITHI COLONY, PULLARIKUNNU, MALLUSSERY , KOTTAYAM.

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5 PAL RAJ, S/O. RAJU, THANNIKKAL PARAMBIL, VADAVATHOOR P.O. KOTTAYAM.

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6 VIMAL, KAMALALAYAM, NIRMITHI COLONY, PANNIMATTAM , PALLAM, P.O. KOTTAYAM.

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7 ARJUNAN, WARD NO. V, SAROJ BHAVAN, VADAVATHOOR P.O. KOTTAYAM.

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8 SUKANYA RAJ, S/O. RAJU, THANNIKKAL PARAMBIL , VADAVATHOOR P.O. KOTTAYAM.

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9 ISAK RAJ, S/O. KARUPPU SWAMY, SIVAKAMI BHAVAN, KUZHIKKATTU COLONY KANIYAN MALA, PANACHIKKAD.

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10 ANANDKUMAR.M., THEKKEKAROTTA VEEDU, CHINGAVANAM, KOTTAYAM.

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11 NAGARAJ, S/O. RAMAKRISHNAN, NETHAJI NAGAR, MALLANKUZHI,

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WP(C) Nos.11849 & 10305 of 2021

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KOTTAYAM.

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12 MURUGAN, S/O. PALASAM, KOLAMATTAM COLONY, PARAMPUZHA P..O.

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BY ADVS. M.NARENDRA KUMAR M.J.SAJITHA

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT INSTITUTION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2 CHIEF EXECUTIVE OFFICER, LIFE (LIVELI HOOD INCLUSION OF FINANCIAL EMPOWERMENT) MISSION, OFFICE OF THE LIFE MISSION, P T C TOWERS, THIRUVANANTHAPURAM, PIN - 695 001.

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3 DISTRICT COLLECTOR, OFFICE OF THE KOTTAYAM DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM, PIN - 686 002.

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4 THE DIRECTOR, SCHDULED CASTE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001.

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5 DISTRICT OFFICER, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, CIVI STATION, KOTTAYAM, PIN - 686 002.

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BY ADV. SMT.PREETHA K.K, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, ALONG WITH WP(C).10305/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.11849 & 10305 of 2021

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943

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WP(C) NO. 10305 OF 2021

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PETITIONERS:

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1 KANAKARAJ.K. S/O. KALIDAS MARIYAPPAN, MARIYAPPAN MUNICIPAL COLONY, MUTTAMBALAM, KOTTAYAM, COLLECTORATE.P.O., KERALA, PIN-686 002

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2 KAMALRAJ.K., S/O. KALIDAS MARIYAPPAN, MARIYAPPAN MUNICIPAL COLONY, MUTTAMBALAM, KOTTAYAM, COLLECTORATE.P.O., KERALA, PIN-686 002

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3 MAHESWARI, NIRMITHI COLONY, MALLUSSERI P.O., PULLARIKUNNU, KOTTAYAM, PIN-686 002

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4 MANIKANTAN.K.,

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HOUSE NO.9, MUNICIPAL COLONY, SUB JAIL ROAD, COLLECTORATE.P.O., KOTTAYAM, PIN-686 002

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5 JAYA CHELLAPPAN

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VALSIYA BHAVAN, MUNSIFF COLONY, PANNIMATTAM, PALLAM P.O., WARD -35, KOTTAYAM, PIN-686 002

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6 KRISHNAN.M. KRISHNA BHAVAN, PALLOM.P.O., PANNIMATTAM, KOTTAYAM, PIN-686 002

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7 RAMESH.B., PERUMAL NIVAS, VETTIMATTAM LANE, KANJIKUSHY, KOTTAYAM,PIN-686 002

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8 MANI.P. RANJITH BHAVAN, PANNIMATTAM, NEAR NIRMITHI COLONY, PALLAM P.O., KOTTAYAM, PIN-686 002

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WP(C) Nos.11849 & 10305 of 2021

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9	PETCHIAMMAL 20/L, KOSAMATTAM COLONY, PARAMPUZHA P.O., VIJAYAPURAM POST, MUTTAMBALAM, KOTTAYAM, KERALA, PIN-686 004
10	MUNISHWARAN NIRMITHI COLONY, MALLUSERI.P.O., PULLARIKUNNU, KOTTAYAM,PIN-686 002
11	CHITRA NIRMITHI COLONY, MALLUSERI.P.O., PULLARIKUNNU, KOTTAYAM,PIN-686 002
12	NAGARAJAN.C. KOSSAMATTOM COLONY, PARAMPUZHA P.O., KOTTAYAM, PIN- 686 004
13	NAGESVERI.C. D/O. 16 C KOSSAMATTOM COLONY, PARAMPUZHA P.O., KOTTAYAM, PIN-686 004
14	NAGENTHRAN.C. KOSSAMATTOM COLONY, PARAMPUZHA P.O., KOTTAYAM, PIN- 686 004
15	ALAGAMMAL.E., KARTHI HOUSE, VADAVATHOOR P.O., THENPRAVAL KADAVU, KOTTAYAM, PIN-686 002
16	JAYA.M. 279, PARVATHY BHAVAN, VIJAYAPURAM, VADAVATHOOR, KOTTAYAM,PIN-686 002
	BY ADV M.NARENDRA KUMAR

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RESPONDENTS:

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1	THE STATE OF KERALA
	REPRESENTED BY PRINCIPAL SECRETARY, LOCAL SELF
	GOVERNMENT INSTITUTION, SECRETARIAT,
	THIRUVANANTHAPURAM,PIN-695 001
2	CHIEF EXECUTIVE OFFICER,
	LIFE(LIVELIHOOD INCLUSION OF FINANCIAL EMPOWERMENT)
	MISSION, OFFICE OF THE LIFE MISSION, P T C TOWERS,

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WP(C) Nos.11849 & 10305 of 2021

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THIRUVANANTHAPURAM, PIN-695 001

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3 DISTRICT COLLECTOR, OFFICE OF THE KOTTAYAM DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM, PIN-686 002

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4 THE DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001

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5 DISTRICT OFFICER, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, CIVIL STATION, KOTTAYAM,PIN-686 002

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BY ADV. SMT.PREETHA K.K., SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, ALONG WITH WP(C).11849/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.11849 & 10305 of 2021

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P.V.KUNHIKRISHNAN, J

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W.P.(C)Nos.11849 and 10305 of 2021

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Dated this the 07^th day of September 2021

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JUDGMENT

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These two writ petitions are connected and

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therefore I am disposing these two writ petitions by a common judgment.

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2. The grievance of the petitioners is that even though the petitioners submitted an application for getting the benefit of Ext.P2 Central Scheme to construct a house, the same is not considered by the authority concerned. It is stated in the writ petition that the petitioners belongs to Scheduled Caste community. The Government of Kerala introduced Life Mission, a housing scheme to provide shelter to landless and homeless people in Kerala. Ext.P2 is a Central Scheme for the same purpose. The petitioners preferred an application to get the benefit of Ext.P2

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Scheme. The application was filed in 2019. The

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WP(C) Nos.11849 & 10305 of 2021

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necessary documents for processing the application was also submitted by the petitioners, the learned counsel submitted. Ext.P5 is the affidavit submitted by the petitioners. The same is not considered by the authority concerned and processed so far. Hence, these writ petitions were filed.

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3. Heard the learned counsel for the petitioners and Smt.Preetha K.K, the learned Senior Government Pleader.

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4. Today when the matter came up for consideration, the learned counsel submitted that he will be satisfied, if a direction is issued to the respondents to process the applications of the petitioners for getting the benefit of Ext.P2 Scheme in a time frame.

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5. The learned Government Pleader also submitted that the appropriate authority will consider the application in accordance to law and will take appropriate steps in accordance to law.

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6. In the light of the above submission, there can be a direction to the 3^rd and 5^th respondents to

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WP(C) Nos.11849 & 10305 of 2021

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take appropriate steps to process the applications of the petitioners to get the benefit of Ext.P2 order, if their applications are in order and they are eligible.

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Therefore, these writ petitions are disposed in the following manner:

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i) The 3^rd and 5^th respondents are directed to consider and pass appropriate orders in the applications submitted by the petitioners for getting the benefit of Ext.P2 Central Scheme, if it is in order, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

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ii) The 3^rd and 5^th respondents are free to inform the petitioners, if any additional documents are necessary for processing the application.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) Nos.11849 & 10305 of 2021

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APPENDIX OF WP(C) 10305/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE ORDER NO.G.O.(RT) NO.1321/2011/SCSTDD DATED 21.12.2011
EXHIBIT P2	TRUE COPY OF THE ORDER NO.G.O.(RT) NO.21/2009/SCSTDD DATED 05.01.2009
EXHIBIT P3	TRUE COPY OF THE ORDER NO.GO.(ORD) NO.1946/2019 LSGD DATED 06.09.2019
EXHIBIT P4	TRUE COPY OF LETTER DATED 23.01.2020 OF THE 'LIFE MISSION' BEARING NO LM 1946/2019/LIFE
EXHIBIT P5	TRUE COPY OF AFFIDAVIT SWORN BY THE FIRST PETITIONER
EXHIBIT P5A	TRUE COPY OF THE AFFIDAVIT SWORN BY THE SECOND PETITIONER
EXHIBIT P6	TRUE COPY OF THE JUDGMENT IN W.P(C) NO.3876/2015 DATED 25.11.2015
EXHIBIT P7	TRUE COPY OF THE JUDGMENT IN W.P(C) NO.41342/2017 DATED 13.04.2017

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WP(C) Nos.11849 & 10305 of 2021

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APPENDIX OF WP(C) 11849/2021

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PETITIONER EXHIBITS

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EXHIBIT	P1 TRUE COPY OF THE ORDER NO. G.O. (RT) NO. 1321/2011/SCSTDD DATED 21.12.2011.
EXHIBIT	P2 TRUE COPY OF THE ORDER NO. G.O.(RT) NO. 21/2009/SCTDD DATED 05.01.2009.
EXHIBIT	P3 TRUE COPY OF THE ORDER NO. GO (ORD) NO. 1946/2019 LSGD DATED 06.09.2019.
EXHIBIT	P4 TRUE COPY OF THE LETTER DATED 23.01.2020 OF THE LIFE MISSION BEARING NO. LM 1946/2019/LIFE.
EXHIBIT	P5 TRUE COPY OF AFFDIAVIT SWORN BY THE FIRST PETITIONER.
EXHIBIT	P6 TRUE COPY OF THE JUDGEMENT IN WPC NO. 41342/17 DATED 13/4/18.
EXHIBIT	P7 TRUE COPY OF THE JUDGMENT IN WPC NO. 3876/15 DATED 25.11.15.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Kanakaraj.K. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Kanakaraj.K. v. the State of Kerala

Case brief

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