Dismissed

Retnamma, v. the Village Officer

Kerala HC2 Nov 2021WP(C)/13706/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition regarding the disbursement of flood relief funds. Noting that Rs.10,000 had been disbursed, the court allowed the petitioner to approach the District Collector within three weeks with data proving further entitlement, directing the Collector to act within one month if a valid representation is received.

What did the court decide?

Petitioner directed to submit a representation to the District Collector within three weeks with data proving further entitlement; Collector to act within one month if received.

Retnamma, Vs the Village Officer — Service and Employment | 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 2^ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943

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WP(C) NO. 13706 OF 2021

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PETITIONER:

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RETNAMMA,

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AGED 78 YEARS W/O. PADMANABHAN, RESIDING AT ULLADAMTHARA, EZHUPUNNA SOUTH P.O. CHERTHALA, pin - 688 537. BY ADV N.BHARAT

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RESPONDENTS:

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1 THE VILLAGE OFFICER, KODAMTHURUTH VILLAGE, KUTHIYATHODU P.O., CHERTHALA, pin - 688 533. 2 THE TAHSILDAR, TALUK OFFICE, CHERTHALA, pin - 688 524. 3 THE SECRETARY, KODAMTHURUTH PANCHAYATH, P.O. CHERTHALA, ALAPPUZHA DISTRICT - 688 533. 4 THE DISTRICT COLLECTOR, COLLECOTRATE, ALAPPUZHA 688 001. BY ADVS. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SMT.DEEPA NARAYANAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.13706/2021

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P.V.KUNHIKRISHNAN, J

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W.P.(C)No.13706 of 2021

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Dated this the 02^nd day of November 2021

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JUDGMENT

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The above writ petition is filed with

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following prayers:

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“(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to disburse to the petitioner's Bank account as furnished by her to the respondents the relief fund amount she is entitled to on the basis of Ext.P2 list;

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ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4^th respondent, District Collector to conduct an enquiry as to why the amount the petitioner was eligible for was not disbursed to her.

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(iii) To issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.”

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2. The petitioner is a resident of ward

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No.3 in Kodamthuruth Grama Panchayath. It is

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the case of the petitioner that the small

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building in which she is residing along with her

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son was almost completely damaged in the floods

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WP(C) NO.13706/2021

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of the year 2018. An application was submitted seeking disbursement of relief amount and the petitioner was listed as a person eligible for such relief as per Ext.P2 list prepared by the respondent Panchayath. However, the bank

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account number shown against her name was not correct and therefore the amount was not credited to her account. The case of the

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petitioner is that she immediately took steps to give the correct bank account details, but there

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was no action and hence this writ petition is filed.

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3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing counsel for the 3^rd respondent.

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4. The learned Government Pleader submitted that the eligible amount is already disbursed to the petitioner and a statement is also filed by the Government Pleader. The Government Pleader

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submitted that altogether an amount of

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WP(C) NO.13706/2021

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Rs.10,000/- is disbursed to the petitioner which includes an amount from SDRF(Rs.5,200/-)on 16.07.2021 and from CMDRF (Rs.4,800/-)on 23.07.2021. According to the learned government

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pleader, the eligible full amount has been disbursed to the petitioner from the office of the 2^nd respondent.

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5. I considered the contentions of the

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petitioner and the respondents. The main prayer in the writ petition is to disburse the eligible amount to the petitioner's account, as furnished

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by her to the respondents, on the basis of Ext.P2 list. Now the Government says that the eligible amount is already disbursed. It will be better to extract the relevant portion of the

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statement filed by the Government Pleader:

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“3. It is submitted that house damages applications are usually received in the office of the 2^nd respondent Tahsildar through the Village Officer with the report of LSGD Technical staff. A letter No.C2-5630/2018 dated 16.05.2019 was received from the 3^rd respondent which contained a list of 87 beneficiaries of Rebuild Kerala Scheme whose houses damaged upto 15%. In this list the petitioner's name was

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WP(C) NO.13706/2021

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included as Serial No.43(not 13) where the damage is shown as 15%. The list was then submitted before the District Level Appeal Committee and the list was approved by the District Level Committee on 30.05.2019.

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4. It is submitted that the petitioner's account details were incorrect as per the list and therefore amount was not disbursed on that time. The petitioner is eligible for an amount of Rs.10,000/-(Rs5,200/- from SDRF and Rs.4,800/- from CMDRF) as house damage relief as per G.O.(Rt)No.25/2019/DMD dated 23.08.2019. Due to the incorrect account details, the said amount was not disbursed to the petitioner.

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5. It is respectfully submitted that now the amount of Rs.10,000/- is disbursed to the petitioner from SDRF(Rs.5,200/-) on 16.07.2021 and from CMDRF (Rs.4,800/-) on 23.07.2021 respectively. Therefore the eligible full amount has been disbursed to the petitioner from the office of the 2^nd respondent.”

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6. From the above statement it is clear

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that some amount is already disbursed to the petitioner. According to the petitioner, she is entitled more amount. If that is the case, the petitioner is free to approach the respondents with appropriate representation and if such a representation with adequate data is received, the official respondents will do the needful in

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WP(C) NO.13706/2021

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accordance to law. There can be a time limit also to consider such representation.

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Therefore this writ petition is disposed of in the following manner:

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(i) The petitioner is free to approach

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the 4^th respondent with a representation narrating her grievance and about the entitlement of more amount within three weeks

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from the date of receipt of a copy of this judgment with sufficient data to prove her case.

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(ii) If such a representation is received, the 4^th respondent will do the needful in accordance to law, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

WP(C) NO.13706/2021

APPENDIX OF WP(C) 13706/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 12.09.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT SECRETARY, KODAMTHURUTH PANCHAYATH, DATED 27.05.2019 ADDRESSED TO THE 2ND RESPONDENT TAHSILDAR. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 06.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY DATED 12.10.2020 ISSUED BY THE 2ND RESPONDENT TAHSILDAR.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Retnamma, v. the Village Officer

Case brief

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What did the court decide?

Retnamma, v. the Village Officer

Case brief

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What did the court decide?

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