Disposed

Jyothi v. The Chief Executive Officer

Kerala HC9 Jul 2024WP(C)/33723/2023

Case brief

AI extract

What is this about?

Petitioners challenged their non-inclusion in the Life Mission beneficiary list for houses. Government Pleader stated petitioners 1 to 8 and the mothers of petitioners 10 to 12 had been included; petitioners 9 to 12 applied after the last date. Court permitted fresh applications by petitioners 9 to 12 and directed respondents to include them based on eligibility and seniority.

What the court decided

AI extract

Jyothi Vs The Chief Executive Officer — Pension and Retirement Benefits | Kerala HC (2024)

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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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TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946

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WP(C) NO. 33723 OF 2023

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PETITIONERS:

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1 JYOTHI AGED 37 YEARS W/O RAJAN, ATTAYAMPATHI,VTC: MUTHALAMADA-II, P.O GOVINDAPURAM,CHITTUR, PALAKKAD DISTRICT, PIN - 678507

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2 BRINDA K. AGED 33 YEARS D/O KITTAN, AMEBEDKAR COLONY, GOVINDAPURAM P.O, MUTHALAMADA-1, MUTHALAMADA, CHITTUR, PALAKKAD, PIN - 678507

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3 RAMYA K. AGED 34 YEARS C/O ARUN PRAKASH, AMBEDKAR COLONY, GOVINDAPURAM P.O, VTCMUTHALAMADA-I, P.O, MUTHALAMADA, CHITTUR, PALAKKAD, PIN - 678507

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4 RANJITHA K. AGED 26 YEARS D/O MUTHULAKSHMI, AMBEDKAR COLANI M. PUDUR,GOVINDAPURAM, MUTHALAMADA, PALAKKAD, PIN - 678507

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5 CHITHRA AGED 39 YEARS D/O CHINNARANGAN, AMBEDKAR COLONY, GOVINDAPURAM, MUTHALAMADA, PALAKKAD, PIN - 678507

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6 SELVAN AGED 54 YEARS S/O ARAN, 777 GOVINDAPURAM, MUTHALAMADA, PALAKKAD, PIN - 678507

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7 KARTHIKEYAN M. AGED 30 YEARS S/O MURUKAN, 243 AMEBDKAR COLANI, GOVINDAPURAM, MUTHALAMADA, PALAKKAD, PIN - 678507

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8 KALIDAS AGED 30 YEARS S/O MARIMUTHU, 796 AMBEDKAR COLONY, GOVINDAPURAM, MUTHALAMADA, PALAKKAD, PIN - 678507

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9 KARTHIKA V. AGED 35 YEARS W/O AYYAPPAN, AMBEDKAR COLONY, MUTHALAMADA, MUTHALAMADA -II, PALAKKAD, PIN - 678507

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10 ISWARYA AGED 23 YEARS C/O AMMASAN, AMBEDKAR COLONY, GOVINDAPURAM P.O, MUTHALAMADA, VTC MUTHALAMADA-1, P.O MUTHALAMADA, CHITTUR, PALAKKAD, PIN - 678507

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11 SANTHOSH KUMAR AGED 24 YEARS S/O ARUCHAMI, AMBETHKAR COLONY, VTC GOVINDAPURAM, PALAKKAD, PIN - 678507

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12 ANJU K AGED 20 YEARS S/O KARUPPUSWAMY,AMBEDKAR COLONY, 8/341, MUTHALAMADA, GOVINDAPURAM, MUTHALAMADA-1, CHITTUR, PALAKKAD, PIN - 678507 BY ADVS. P.K.SANTHAMMA ELIZABETH ANTONY JEEVA KUMARI P.S

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W.P.(C)No.33723 OF 2023

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RESPONDENTS:

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1 THE CHIEF EXECUTIVE OFFICER KERALA LIFE MISSION PROJECT, PTC TOWER, SS KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001

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2 THE CO-ORDINATOR KERALA LIFE MISSION PROJECT OFFICE, COLLECTORATE, PALAKKAD, PIN - 678013

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3 MUTHALAMADA GRAMA PANCHAYAT MUTHALAMADA GRAMA PANCHAYAT, MUTHALAMADA, PALAKKAD REPRESENTED BY THE SECRETARY, PIN - 678507

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4 THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE, CIVIL STATION ,PALAKKAD, PIN - 678001

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5 THE BLOCK OFFICER THE BLOCK OFFICER, SC BLOCK DEVELOPMENT OFFICE, KOLLANGODE , PALAKKAD, PIN - 678506

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6 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION BUILDING, PALAKKAD, PIN - 678001

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7 VILLAGE OFFICER VILLAGE OFFICE , MUTHALAMADA, PALAKKAD DISTRICT, PIN - 678507

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SMT. LATHA. T. THANKAPPAN, SPL. GP (SC ST), V.A. JOHNSON VARIKKAPPALLIL, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.33723 OF 2023

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JUDGMENT Dated this the 9^th day of July, 2024

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The petitioners are aggrieved by the

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non-inclusion of their names in the list of beneficiaries for allotment of houses under the Life Mission Scheme.

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Heard learned counsel for the petitioners and the learned Special Government Pleader.

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The learned Special Government Pleader submits, on instructions, that the names of petitioners

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1 to 8 and the mother of petitioners 10 to 12 have been included in the list of beneficiaries. It is submitted that petitioners 9 to 12 submitted their applications after the last date, and as the applicants were minors at that point of time, they are permitted to file fresh applications. Once the applications are received, the applicants will be included in the beneficiary list, depending upon their eligibility.

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The above submission is recorded and, the writ petition is disposed of, permitting petitioners 9 to

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W.P.(C)No.33723 OF 2023

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12 to submit fresh applications, and directing the respondents to include their names in the list of beneficiaries, based on their eligibility and seniority.

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The writ petition is, accordingly, disposed of.

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Sd/V.G.ARUN JUDGE

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SSK/09/07

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W.P.(C)No.33723 OF 2023

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APPENDIX OF WP(C) 33723/2023

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PETITIONER EXHIBITS

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`Exhibit P1` `(a)`	`THE COPY`	`OF THE`	`RATION CARD OF THE 1ST PETITIONER`
`Exhibit` `P1(b)`	`THE COPY` `SUBMITTED`	`OF THE` `TI LIFE`	`APPLICATION DATED 10.8.2020` `MISISON`
`Exhibit`	`THE COPY`	`OF THE`	`CERTIFICATE DATED 11.9.2017 ISSUED`
`P1(c)`	`BY R3 TO`	`PETITION`	`ER`
`Exhibit` `P1(d)`	`THE COPY` `R7 TO THE`	`OF THE` `PETITIO`	`CERTIFIED DATED 7.5.2022 ISSUED BY` `NER`
`Exhibit` `P1(e)`	`THE COPY` `VILLAGE O` `DOES NOT`	`OF THE` `FFICER` `HAVE AH`	`CERTIFIED DATED 4.1.2022 ISSUED` `CERTIFIED THAT SHE OR HER HUSBAND` `OUSE IN THE SAID VILLAGE.`
`Exhibit P2` `(a)`	`THE COPY` `PETITIONE`	`OF THE` `R`	`RATION CARD OF THE N2 D`
`Exhibit`	`THE COPY`	`OF THE`	`APPLICATION DATED 19.8.2020`
`P2(b)`	`SUBMITTED`	`TO 1ST`	`RESPONDENT`
`ExhibitP2(c` `)`	`THE COPY` `BY R3 CER`	`OF THE` `TIFIED T`	`CERTIFICATE DATED 9.5.2022 ISSUED` `HAT 2ND PETITIONER HAS NOT BEEN`
	`SANCTIONE`	`D ANY GR`	`ANT FOR PURCHASING LAND FOR HOUSE.`
`Exhibit P 2` `(d)`	`THE COPY` `BY VILLAG`	`OF THE` `E OFFICE`	`CERTIFICATE DATED 6.5.2022 ISSUED` `R`
`Exhibit` `P2(e)`	`THE COPY` `BY VILLAG` `DOES NOT`	`OF THE` `E OFFICE` `HAVE A H`	`CERTIFICATE DATED 6.5.2022 ISSUED` `R CERTIFIED THAT 2ND PETITIONER` `OUSE.`
`Exhibit` `P3(a)`	`THE COPY`	`OF THE`	`RATION CARD OF 3RD PETITIONER`
`Exhibit` `P3(b)`	`THE COPY` `R1 BY 3RD`	`OF THE` `PETITON`	`CERTIFICATE DATED 16.5.2022 BEFORE` `ER`
`Exhibit` `P3(c)`	`THE COPY` `R3 THAT` `GRANT FOR`	`OF CERT` `3RD PETI` `LAND O`	`IFICATE DATED 17.5.2022 ISSUED BY` `TIONER HAS NOT BEEN SANCTIONED ANY` `R HOUSE PURCHASING`
`Exhibit` `P3(d)`	`THE COPY` `BY VILLAG`	`OF THE` `E OFFICE`	`CERTIFICATE DATED 10.52022 ISSUED` `R`
`Exhibit P3` `(e)`	`THE COPY` `OFFICER` `THE HUSB` `1/4TH SHA`	`OF THE C` `BY DATED` `AND OF` `RE OF HI`	`ERTIFICATE ISSUED BY THE VILLAGE` `10.05.2022 HAS CERTIFIED THAT` `THE 3RD PETITIONER DOES HAVE` `S MOTHER'S PROPERTY`
`Exhibit P4` `(a)`	`THE COPY`	`OF THE`	`RATION CARD OF THE 4TH PETITIONER`
`Exhibit P4`	`THE COPY`	`OF THE`	`CERTIFICATE DATED 08.07.2022`
`(b)`	`ISSUED BY`	`THE 3RD`	`RESPONDENT`
`Exhibit P4`	`THE COPY`	`OF THE C`	`ERTIFICATE ISSUED BY THE VILLAGE`

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W.P.(C)No.33723 OF 2023

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`(c)`	`OFFICER DATED 17.05.2022 CERTIFYING THAT THE 4TH`
	`PETITIONER OR HER HUSBAND DOES NOT HAVE LAND IN` `THE VILLAGE.`
`Exhibit P4` `(d)`	`THE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE` `OFFICER DATED 10.05.2022 CERTIFIED THAT THE 4TH` `PETITIONER OR HER HUSBAND DOES NOT HAVE ANY LAND` `OR HOUSE IN THE MUTHALAMADA VILLAGE.`
`Exhibit P5` `(a)`	`THE COPY OF THE AADHAR CARD OF THE 5TH PETITIONER`
`Exhibit P5` `(b)`	`THE COPY OF THE FIRST PAGE OF THE RATION CARD OF` `THE 5TH PETITIONER`
`Exhibit P6` `(a)`	`THE COPY OF THE RATION CARD OF THE 6TH` `PETITIONER`
`Exhibit P6` `(b)`	`THE COPY OF THE APPLICATION DATED 27.08.2020` `SUBMITTED TO THE 1ST RESPONDENT FOR HOUSE`
`Exhibit P6` `(c)`	`THE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE` `OFFICER DATED 10.08.2020 CERTIFYING THAT THE 6TH` `PETITIONER OR HIS WIFE DOES NOT HAVE ANY LAND OR` `HOUSE IN THE SAID VILLAGE`
`Exhibit P7` `(a)`	`THE COPY OF THE RATION CARD OF THE 7TH PETITIONER`
`Exhibit P7` `(b)`	`THE COPY OF THE CERTIFICATE DATED 09.05.2022 ISSUED` `BY THE 3RD RESPONDENT CERTIFYING THAT THE 7TH` `PETITIONER HAS NOT BEEN SANCTIONED ANY GRANT FOR` `LAND OR HOUSE`
`Exhibit P7` `(c)`	`THE COPY OF THE APPLICATION DATED 10-8-2020` `SUBMITTED BEFORE THE 1ST RESPONDENT`
`Exhibit P7` `(d)`	`THE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE` `OFFICER DATED 06.05.2022 HAS CERTIFIED THAT THE` `7TH PETITIONER HAS GOT 1/4TH SHARE OF .00162` `OF HIS FATHER'S PROPERTY`
`Exhibit P8` `(a)`	`THE COPY OF THE RATION CARD OF THE 8TH PETITIONER`
`Exhibit P8` `(b)`	`THE COPY OF THE CERTIFICATE DATED 16.05.2022 ISSUED` `BY THE 3RD RESPONDENT CERTIFYING THAT THE 8TH` `PETITIONER HAS NOT BEEN SANCTIONED ANY GRANT FOR` `PURCHASING LAND OR HOUSE IN THE PANCHAYATH`
`Exhibit P8` `(c)`	`THE COPY OF APPLICATION DATED 10.8.2020 SUBMITTED` `TO THE 1ST RESPONDENT`
`Exhibit P8` `(d)`	`THE COPY OF THE CERTIFICATE DATED 16.5.2022 ISSUED` `BY THE 3RD RESPONDENT CERTIFYING THAT THE 8TH` `PETITIONER HAS SUBMITTED APPLICATION BEFORE 1ST` `RESPONDENT FOR HOUSE`
`Exhibit P8` `(e)`	`THE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE` `OFFICER DATED 13.6.2022 CERTIFIED THAT THE 8TH` `PETITIONER OR HIS WIFE DOES NOT HAVE ANY LAND AS` `THEIR OWN AND HIS FATHER HAS GOT 0.02.02 ARES LAND` `IN THE VILLAGE`

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W.P.(C)No.33723 OF 2023

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`Exhibit` `(a)` `Exhibit` `(b)`	`P9` `THE COPY OF THE RATION CARD OF THE 9TH PETITIONER` `P9` `THE COPY OF THE CERTIFICATE DATED 16.05.2022 ISSUED` `BY THE 3RD RESPONDENT CERTIFYING THAT THE 9TH` `PETITIONER HAS NOT BEEN SANCTIONED ANY GRANT FOR` `PURCHASING LAND OR HOUSE IN THE PANCHAYATH`
`Exhibit` `(c)`	`P9` `THE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE` `OFFICER, MOOLATHARA , DATED 15.7.2022 CERTIFIED` `THAT SHE OR HER HUSBAND DOES NOT HAVE LAND AS THEIR` `OWN IN THE SAID VILLAGE`
`Exhibit` `(d)`	`P9` `THE COPY OF THE APPLICATION DATED 27.09.2023` `BEFORE THE 5TH RESPONDENT FOR GRANT FOR` `PURCHASING LAND`
`Exhibit` `(a)`	`P10` `THE COPY OF THE AADHAR CARD OF THE 10TH PETITIONER`
`Exhibit` `(b)`	`P10` `THE COPY OF THE APPLICATION DATED 27.9.2023 FOR` `GRANT FOR PURCHASING LAND SUBMITTED TO THE 5TH` `RESPONDENT; SC DEVELOPMENT OFFICER , KOLLANKODE`
`Exhibit` `(a)`	`P11` `THE COPY OF THE AADHAR CARD OF THE 11TH PETITIONER`
`Exhibit` `(b)`	`P11` `THE COPY OF HIS RATION CARD OF THE 11TH PETITIONER`
`Exhibit` `(c)`	`P11` `THE COPY OF THE APPLICATION DATED 27.9.2023 FOR` `GRANT FOR PURCHASING LAND SUBMITTED TO THE 5TH` `RESPONDENT; SC DEVELOPMENT OFFICE`
`Exhibit` `(a)`	`P12` `THE COPY OF THE AADHAR CARD OF THE 12TH PETITIONER`
`Exhibit` `(b)`	`P12` `THE COPY OF HER RATION CARD OF THE 12TH RESPONDENT`
`Exhibit` `(c)`	`P12` `THE COPY OF THE CERTIFICATE DATED 18.3.2022` `ISSUED BY THE VILLAGE OFFICER CERTIFYING THAT SHE` `OR HER HUSBAND DOES NOT HAVE ANY LAND IN THE` `VILLAGE`
`Exhibit` `(d)`	`P12` `THE COPY OF THE APPLICATION DATED 27.9.2023` `SUBMITTED TO THE 5TH RESPONDENT SC DEVELOPMENT` `OFFICE FOR GRANT FOR PURCHASING LAND`
`Exhibit`	`P13` `THE COPY OF THE NOTIFICATION PUBLISHED BY THE` `DISTRICT SC DEVELOPMENT OFFICERS HAVE BEEN` `INVITING APPLICATIONS INTERMITTENTLY FROM THE` `LANDLESS AND HOUSELESS PEOPLE OF THE VULNERABLE` `COMMUNITIES FOR GRANT FOR THEIR WELFARE AND` `BETTERMENT OF THEIR SOCIAL CONDITIONS INCLUDING` `HOUSE CONSTRUCTION`
`Exhibit`	`P14` `THE COPY OF THE JUDGMENT PASSED BY THE HON'BLE HIGH` `COURT IN WRIT PETITION WPC NO. 19585/2017`
`Exhibit`	`P15` `THE COPY OF THE ORDER PASSED BY THE STATE HUMAN` `RIGHTS COMMISSION KERALA DATED 15.11.2017`

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W.P.(C)No.33723 OF 2023

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RESPONDENT EXHIBITS

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Exhibit R3Typed copy of the Life Mission Beneficiary List
(a)pertaining to the petitioners in the above writ
Petition (c)
annexureTRUE COPY OF RELEVANT PORTION OF THE LIFE MISSION
R2(a)LIST PUBLISHED ON 25/07/2022 AND SC PRIORITY

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SSK //TRUE COPY// PA TO JUDGE

Jyothi v. The Chief Executive Officer

Case brief

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Jyothi v. The Chief Executive Officer

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