Disposed

A Thomas v. State of Kerala

Kerala HC29 Jan 2021WP(C)/4513/2014

Case brief

AI extract

What is this about?

In this writ petition, younger siblings of a political worker murdered by police in 1970 sought compensation. The court, noting a change in circumstances and the Government Pleader's assurance, disposed of the petition by permitting the petitioners to file a representation which the State must consider within two months.

What did the court decide?

The writ petition disposed of permitting petitioners to file a representation before the 1st Respondent to be considered within two months.

A Thomas Vs State of Kerala — Constitutional and Fundamental Rights | 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 N.NAGARESH

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FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

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WP(C).No.4513 OF 2014(L)

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PETITIONERS:

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1 A THOMAS

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AREEKKATTU HOUSE, KATTAYAD P.O., VELLAMUNDA AMSOM, MANANTHAVADY TALUK, WAYANAD DISTRICT.

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2 A.JOSEPH

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AREEKKATTU HOUSE, KATTAYAD P.O., VELLAMUNDA AMSOM, MANANTHAVADY TALUK, WAYANAD DISTRICT.

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3 MARIYAKUTTY AREEKKATTU HOUSE, KATTAYAD P.O., VELLAMUNDA AMSOM, MANANTHAVADY TALUK, WAYANAD DISTRICT.

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4 ANNAMMA

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AREEKKATTU HOUSE, KATTAYAD P.O., VELLAMUNDA AMSOM, MANANTHAVADY TALUK, WAYANAD DISTRICT.

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BY ADVS. SRI.B.S.SWATHI KUMAR SRI.ASHISH MOHAN SRI.A.K.RAJESH SRI.REMYA MURALI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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WP(C) No.4513/2014

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: 2 :

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2 THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN:695 024.

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BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.4513/2014

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 29^th day of January, 2021

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The petitioners are younger sisters and brothers of Varghese, a political worker who was allegedly murdered/shot dead at point blank by the State machinery in a police encounter on 18.02.1970 in Thirunelli Forest. This writ petition was filed seeking to declare that the petitioners are legally entitled to be compensated with an amount of ₹50 lakhs with interest for the loss of reputation, goodwill and loss of affection, dependency, care and protection caused to the petitioners due to the murdering of Varghese.

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When this writ petition came up for hearing today, learned counsel for the petitioners pointed out that there is change of circumstances subsequently and the petitioners are

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expecting that the respondents will favourably respond to their demand. The petitioners seek leave to file an application

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WP(C) No.4513/2014

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: 4 :

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before the 1^st respondent to pursue the demand.

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The learned Government Pleader, on instructions, submits that if the petitioners prefer a representation within two weeks, the respondents will consider the representation positively and pass appropriate orders thereon.

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In such circumstances, the writ petition is disposed of permitting the petitioners to file a representation before the 1^st respondent. If the petitioners prefer such a representation, the 1^st respondent shall consider and pass appropriate orders thereon within a period of two months from the date of receipt of the representation.

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Sd/-

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N. NAGARESH, JUDGE

aks/29.01.2021

WP(C) No.4513/2014

: 5 :

APPENDIX

PETITIONER'S EXTS:

NIL

RESPONDENTS' EXTS:

R1(A) TRUE COPY OF THE ORDER DATED 8.12.2016 IN SLP (CRL.) NO.8806/2011.

A Thomas v. State of Kerala

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A Thomas v. State of Kerala

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