Disposed

K.S.Anil v. the State of Kerala

Kerala HC4 Nov 2022WP(C)/1001/2021

Case brief

AI extract

What is this about?

In a writ petition concerning flood relief compensation, the Court, finding the Government Pleader's submission well-founded regarding disputed facts, disposed of the petition by directing the State Disaster Management Authority to reconsider the legality of the District Collector's order specifically regarding the petitioner's eligibility based on residential house ownership.

What did the court decide?

The writ petition was disposed of, directing the first respondent to consider the legality of the District Collector's order within two months.

K.S.Anil Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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W.P.(C) NO.1001/2021

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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 V.G.ARUN

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FRIDAY, THE 4^TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 WP(C) NO. 1001 OF 2021

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PETITIONER/S:

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1 K.S.ANIL AGED 48 YEARS KARIYAPARAMBIL (MEGHAMALHAR), POOTHILANIRAPPU, VELLATHOOVAL P O, IDUKKI, RESIDING AT KARIYAPARAMBIL, SRM ROAD, ERNAKULAM. 2 M S ANIL KUMAR MANIMANDIRAM, KODAMTHURUTH, KUTHIATHODE P O, CHERTHALA, ALLEPPEY DISTRICT. BY ADV C.CHANDRASEKHARAN

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DISASTER MANAGEMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 STATE DISASTER MANAGEMENT AUTHORITY OBSERVATORY HILLS, VIKAS BHAVAN, THIRUVANANTHAPURAM695033, REPRESENTED BY ITS SECRETARY. 3 THE DISTRICT COLLECTOR/CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY, COLLECTORATE, IDUKKI-685603. 4 REBUILD KERALA INITIATIVE 1ST FLOOR, NORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001.REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

OTHER PRESENT:

GP AMMINIKUTTY K

W.P.(C) NO.1001/2021

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) NO.1001/2021

V.G.ARUN J.

W.P.(C) No.1001 of 2021

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Dated this the 4^th day of November 2022

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JUDGMENT

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The petitioners' residential house in Ward No. 11 of Vellathooval Panchayath in Idukki District was completely damaged in the floods of 2018. The Government came out with Ext.P2 order for compensating the flood victims. The petitioners' name was also included geotag list of affected claimants. Subsequently, the petitioners' names were removed from the list. Aggrieved by the removal of their names, the petitioners approached this court and obtained Ext.P8 judgment, directing the District Collector to consider and pass orders on Ext.P7 appeal preferred by them. In compliance of the directions in Ext.P8 judgment, the District Collector passed Ext.P9 order, which is under challenge in this writ petition.

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Learned Counsel for the petitioners submitted that as per Ext.P9 order, the petitioners are entitled for compensation from the State Disaster Response Fund (SDRF) alone and not under the Chief Minister's Relief Disaster Fund(CMRDF). It is contended that there is no

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W.P.(C) NO.1001/2021

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justification in denying compensation from the CMDRF. The only reason for refusing the petitioners' claim is the first petitioner's right over the residential house belonging to his father. The said reason is without legal basis and there is no such stipulation in Ext.P2 Government Order also. Attention is drawn to Ext.P4 certificate issued by the Kuthiathode Panchayath stating that the petitioners does not own any residential house within the limits of that Panchayath. Reference is made to paragraph 5 of the District Collector's statement of that the petitioner's father Sivaraman owns a house in Kodamthuruthu village. It is contended that the petitioners' right to compensation cannot be denied on the premise that the first petitioner's father is the owner of a residential house and the petitioner eventually have a right over that house.

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Learned Government Pleader submits that the first petitioner's father is no more the petitioners have acquired right over the residential house. Further, the petitioners are not residing in the house constructed utilising the flood relief compensation. The District Collector had addressed the Government on the question whether compensation can be denied on finding for the reason of the claimant having a right over another residential house. In such circumstances, it will be appropriate to direct the Government to take a decision, rather than this court delving into the disputed facts.

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W.P.(C) NO.1001/2021

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I find the Government pleader's submission to be well founded. 5. The writ petition is hence disposed of, directing the first

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respondent to consider the legality of Ext.P9 order passed by the District Collector. While affecting such consideration, the first respondent shall also advert to the petitioners' contention that there is no stipulation in the Government Order prohibiting grant of compensation to a person on the premise that he has right over another residential house. To effectuate proper consideration of the question, the petitioner shall produce a copy of this writ petition, along with the certified copy of the judgment, before the first respondent. An appropriate decision shall be taken by the first respondent within two months.

Sd/-

V.G.ARUN JUDGE

dpk

W.P.(C) NO.1001/2021

APPENDIX OF WP(C) 1001/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	PHOTOGRAPH OF THE PRE AND POST STATUS OF PETITIONERS RESIDENTIAL HOUSE NUMBERED AS 648/11 OF VELLATHOOVAL PANCHAHATH.
EXHIBIT P2	TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.7/2018/DMD DATED 21/06/2008.
EXHIBIT P3	TRUE COPY OF DECLARATION FURNISHED BY THE PANCHAYATH DATED 19/01/2019.
EXHIBIT P4	TRUE COPY OF THE LETTER DATED 25/01/2019 ISSUED BY THE SECRETARY OF KUTHIATHODE PANCHAHATH.
EXHIBIT P5	TRUE COPY OF THE R T I ANSWERS AND LIST OF INELIGIBLE PERSONS FURNISHED BY THE PANCHAYAT.
EXHIBIT P6	TRUE COPY OF THE GOVERNMENT ORDER NO.18/2018 DMD DATED 3/9/2018.
EXHIBIT P7	TRUE COPY OF THE APPEAL DATED 29/1/2019 FILED BY THE 1ST PETITIONER FOR HIMSELF ON BEHALF OF 2ND PETITIONER.
EXHIBIT P8	TRUE COPY OF THE JUDGMENT PASSED BY THIS COURT IN WPC NO.30653/2019 DATED 31.01.2020.
EXHIBIT P9	TRUE COPY OF THE ORDER NO. DCIDK/1951/2019- DMI DATED APPROVED DATE PASSED BY THE DISTRICT COLLECTOR, IDUKKI.

K.S.Anil v. the State of Kerala

Case brief

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K.S.Anil v. the State of Kerala

Case brief

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