✦ High Court of India · 03 Mar 2020

BY AD vs P.K.SANTHAMMA

Case Details High Court of India · 03 Mar 2020

Court

High Court of India

Decided

03 Mar 2020

Bench

MOHAMMED NIAS C P

Length

1,016 words

BY ADVS. P.K.SANTHAMMA JEEVA KUMARI P.S SMT.KRISHNA REGHU RESPONDENT/S: 1 2 3 4 STATE OF KERALA, REPRESENTED BY SECRETARY, ST DEVELOPMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. TRIBAL DEVELOPMENT OFFICER, PALAKKAD TRIBAL DEVELOPMENT DEPARTMENT, MANNARKKAD, PALAKKAD-678001. DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD, PIN-678013. DISASTER MANGEMENT (A) DEPARTMENT, THIRUVANANTHAPURAM-695001, REPRESENTED BY SECRETARY. WP(C) NO.30363 OF 2019 2 TAHSILDAR, MANNARKAD TALUK, CHANGALEERI ROAD, KODATHIPPADY ROAD, MANNARGHAT-678762. VILLAGE OFFICER, ALANALLORE, PALAKKAD-678601. KERALA STATE LEGAL SERVICE AUTHORITY, REPRESENTED BY MEMBER SECRETARY, NEAR HIGH COURT COMPLEX, HIGH COURT.P.O., KOCHI-682031. SECRETARY, ALANALLORE GRAMA PANCHAYATH, PALAKKAD DISTRICT-678601. ADDL.R9. PALAKKAD NIRMITHI KENDRA REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, PALAKKAD IS SUO MOTU IMPLEADED AS PER ORDER DATED 12.12.19 IN W.P.(C) 30363/19. ADDL.R10.KURUMBAN, S/O CHATHAN, KOTTAYIL, UPPUKULAM, ALANALLORE, MANNARKKAD. ADDL.R11.KANNAN S/O NEELAN, ODAKKULAM, UPPUKULAM, ALANALLORE, MANNARKKAD. ADDL.R12. KRISHNAN.U(DELETED) S/O NEELAN, CHETTOLI, UPPUKULAM, ALANALLORE, MANNARKKAD. ADDL.R12 IS DELETED AS PER ORDER DATED 08.01.2020 IN IA 2/2020 IN IA 1/2020 IN W.P.(C) 30363/19. ADDL.R13. LEELA D/O CHATHI, CHODALAPPOTTI, UPPUKULAM, ALANALLORE, MANNARKAD ADDL.R14. SHEEJA D/O KURUMBAN, KOTTAYIL, UPPUKULAM, ALANALLORE, MANNARKKAD. 5 6 7 8 9 10 11 12 13 14 WP(C) NO.30363 OF 2019 3 ADDL.R15. RAJENDRAN S/O CHATHAN, PONPARAYIL, UPPUKULAM ALANALLORE, MANNARKAD. ADDL.R16.SUNITHA W/O SUNIL, CHODALAPPOTTI, UPPUKULAM, ALANALLORE, MANNARKKAD. ADDL.R17. CHATHI D/O MATHI, UPPUKULAM, ALANALLORE, MANNARKAD. ADDL.R18.SAROJA W/O RAJU, KOTTAYIL, UPPUKULAM, ALANALLORE, MANNARKAD ADDL.R19.RAJAN S/O CHATHAN, PONPARAYIL, UPPUKULAM, ALANALLORE, MANNARKAD. ADDL.R20 MATHI W/O MATHAN, UPPUKULAM ALANALLORE, MANNARKAD. ADDL.R21.BABURAJ, S/O MATHAN, CHODALAPPOTTI, UPPUKULAM, ALANALLORE, MANNARKAD ADDL.R22.SUNIL S/O MATHAN, CHODALAPPOTTI, UPPUKULAM, ALANALLORE, MANNARKAD. ADDL.R23. BALU S/O MATHAN,CHODALAPPOTTI, UPPUKULAM, ALANALLORE, MANNARKAD ADDL.R24.BABU S/O MATHAN,CHODALAPPOTTI, UPPUKULAM, ALANALLORE, MANNARKAD ADDL.R25.MANOJ S/O MATHAN,KOCHUVEETTIL, UPPUKULAM, ALANALLORE, MANNARKAD ADDL.R26. BINDHU 15 16 17 18 19 20 21 22 23 24 25 26 WP(C) NO.30363 OF 2019 W/O SUMESH, CHODALAPPOTTI, UPPUKULAM, ALANALLORE, MANNARKAD 4 ADDL.R27. SINDHU, W/O GOPALAN UPPUKULAM, ALANALLORE, MANNARKAD ADDL.R28. KUMARAN S/O KURUMBAN, ODAPPALLAM, UPPUKULAM, ALANALLORE, MANNARKAD [ADDL R10 TO ADDL.R28 ARE IMPLEADED AS PER ORDER DATED 08.01.2020 IN IA 1/220 IN W.P.(C) 30363/19.] 27 28 BY ADVS. SRI.P.T.SHEEJISH SMT.LATHA T. THANKAPPAN, SPL.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.30363 OF 2019 5 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) No. 30363 OF 2019 ………………………………………………. Dated this the 10th day of April, 2025 J U D G M E N T The writ petition is filed seeking a direction to respondents to take urgent measures to rehabilitate the 19 families of Kattunaykan Tribes, who are victims of the landslide at Uppukulam, Alanallore Village, Palakkad District.

2. An interim order was passed by this Court on 3rd March 2020, directing the respondents to carry out the construction of the houses in the properties allotted to the beneficiaries of the scheme through the 9th respondent. There was also a direction to take appropriate steps to see that the directions are carried out by the 9th respondent and that the costs of such constructions are released to the 9th respondent.

3. By order dated 2nd July 2020, this Court modified the order dated 03.03.2020 and directed respondents 3 and 4 to disburse the amounts due to the beneficiaries in stages and following the Government Order to facilitate the construction of their houses without delay. The 7th respondent was also directed to make necessary arrangements through the District Legal Services Authority to oversee the construction of the WP(C) NO.30363 OF 2019 6 beneficiaries' houses to ensure that the amounts disbursed to them are utilised for that purpose.

4. Today, when the matter was taken up, the learned Special Government Pleader made available a copy of the instructions dated

08.04.2025, which reads as follows:- “It is hereby reported to the Hon'ble High Court that Rs.10 lakhs has been allocated to each of the 19 families as per the government order and all the families have completed the construction of their houses and have moved into their houses.” The above statement is recorded.

5. The learned counsel appearing for the additional 7th respondent also submits that the construction is over, and he is filing a statement showing the expenses. As the construction of the houses has been completed and the families have moved into their houses, nothing further remains to be considered in this writ petition and the same is closed. Liberty is granted to the petitioners to re-open this case in case there is any subsisting grievance. SD/- MOHAMMED NIAS C.P., JUDGE JJ WP(C) NO.30363 OF 2019 7 APPENDIX OF WP(C) 30363/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 THE PHOTOGRAPHS OF THE SHOP ROOMS WHERE THE EVICTED PEOPLE ARE STAYING. COPY OF GOVT. ORDER DATED 27.2.2019 ISSUED BY R4 DISASTER MANAGEMENT A DEPARTMENT. THE COPY OF THE NOTICE ON THE REPORT, SIGNED ON 20.8.2019. GOVT. ORDER DATED 10.10.2018, ISSUED BY R4 DISASTER MANAGEMENT A DEPARTMENT. GOVT. ORDER DATED 4.4.2019 ISSUED BY R4 DISASTER MANAGEMENT A DEPARTMENT. APPLICATION DATED UNDER RIGHT TO INFORMATION ACT BY HARIKRISHNAN, S/O.RAMAN. THE REPLY DATED 27.10.2019 TO EXT.P6(A) INFORMATION OFFICER. REPRESENTATION TO CHIEF MINISTER DATED 21.10.2019. THE QUESTION AND ANSWERS IN THE LEGISLATIVE ASSEMBLY REGARDING THE LAND SLIDE INSIDE FOREST. GOVT. ORDER DATED 21.6.2018 BY R4 REGARDING THE DISTRIBUTION OF RELIEFS. RESPONDENT EXHIBITS EXHIBIT R3(a) EXHIBIT R3(b) TRUE COPY OF THE GOVERNMENT ORDER G.O(ms) NO.13/2018/DMD, TVM DATED 16/8/2018 TRUE COPY OF LETTER NO.CPKD/4466/2019-J5 DATED 22/10/2019 WP(C) NO.30363 OF 2019 EXHIBIT R3(c) EXHIBIT R3(d) EXHIBIT R3(E) EXHIBIT R3(F) 8 TRUE COPY OF REPORT SUBMITTED BY THE TRIBAL DEVELOPMENT OFFICER TRUE COPY OF THE PROCEEDINGS NO.DCPKD/4466/2018-J5 DATED 5/12/2019 A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DISTRICT COLLECTOR, PALAKKAD DATED 20.01.2020. A TRUE COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT DISTRICT COLLECTOR, PALAKKAD DATED 21.01.2020.

4. Today, when the matter was taken up, the learned Special Government Pleader made available a copy of the instructions dated

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