Kerala High Court
S.Benny vs Kerala State Disaster Management ... on 10 December, 2019
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941
WP(C).No.33561 OF 2019(U)
PETITIONER/S:
S.BENNY
AGED 66 YEARS
S/O.SELVANAYAKAM, 9/196, LAKSHAMVEED COLONY P.O.,
MUNNAR, IDUKKI-685612.
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SRI.PIOUS MATHEW
SRI.E.HARIDAS
SMT.ANIES MATHEW
RESPONDENT/S:
1 KERALA STATE DISASTER MANAGEMENT AUTHORITY
OBSERVATORY HILLS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS
CHAIRMAN.
2 STATE EXECUTIVE COMMITTEE,
KERALA STATE DISASTER MANAGEMENT, REPRESENTED BY ITS
EX-OFFICIO CHAIRMAN, GOVT. PRESS P.O., THE CHIEF
SECRETARY, SECRETARIAT, TVM-695001.
3 DISTRICT DISASTER MANAGEMENT AUTHORITY,
DISTRICT DISASTER MANAGEMENT CELL, COLLECTORATE,
KUYILIMALA P.O., IDUKKI-685603.
4 DISTRICT COLLECTOR,
COLLECTORATE, KUYILIMALA P.O., IDUKKI-685603.
5 TAHSILDAR (HQ),
OFFICE OF THE TAHSILDAR, DEVIKULAM CIRCULAR ROAD,
DEVIKULAM P.O., KERALA-685613.
6 MUNNAR GRAMA PANCHAYAT,
MUNNAR TOWN, MUNNAR P.O., PIN-685612, REPRESENTED BY
ITS SECRETARY.
WP(C) NO.33561 of 2019
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7 SRI.VEERAN,
S/O.SANKARI, 9/195, LAKSHAMVEED COLONY P.O.,
MUNNAR, IDUKKI-685612.
OTHER PRESENT:
SPL GOVERNMENT PLEADER K J MOHAMMED ANZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.33561 of 2019
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JUDGMENT
The petitioner has preferred Ext.P14 application for survey under the Survey and Boundaries Act before the 5th respondent. The limited prayer of the petitioner, at this stage, is for a direction to the 5 th respondent to consider and take action on Ext.P14 application, expeditiously, after hearing him, considering the urgent requirement of petitioner for the survey in order to claim benefits of the financial assistance sanctioned by the Government in connection with the flood inundated the State in August 2018.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
3. Taking note of the submission of the learned Government Pleader that the application can be acted upon and survey will be completed within a month from today, the writ petition is disposed, by directing the 5 th respondent to consider and take action on Ext.P14 application preferred by the petitioner within an outer time limit of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 5 th respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sah WP(C) NO.33561 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PATTA NO.LA 192/93/B4 DATED 23.11.2019 ISSUED BY THE TAHSILDAR DEVIKULAM.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.4.2019.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE LIST CONTAINING THE NAME OF THE APPLICANTS WHO HAVE LOST THEIR RESIDENTIAL HOUSES DURING THE FLOOD IN AUGUST,2018.
EXHIBIT P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE TAHSILDAR DEVIKULAM DATED 2.3.2019.
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.3.2019.
EXHIBIT P6 TRUE COPY OF THE SKETCH SHOWING THE BOUNDARY OF THE DETAILS OF THE PETITIONER'S PROPERTY ISSUED BY THE VILLAGE OFFICER DATED 28.3.2019.
EXHIBIT P7 TRUE COPY OF THE PETITION DATED 20.8.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 6TH RESPONDENT DATED 27.8.2019. EXHIBIT P9 TRUE COPY OF THE PETITION DATED 27.9.2019. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 15.10.2019. EXHIBIT P11 TRUE COPY OF THE DRAWING OF THE PROPOSED RESIDENTIAL BUILDING OF THE PETITIONER'S BUILDING.
EXHIBIT P12 TRUE COPY OF THE PETITION DATED 12.11.2019. EXHIBIT P13 TRUE COPY OF THE DIRECTION ISSUED FROM THE B1 SECTION UNDER THE OFFICE OF THE SUB COLLECTOR DEVIKULAM.
WP(C) NO.33561 of 2019 5 EXHIBIT P14 COPY OF THE APPLICATION SUBMITTED BEFORE THE DEPUTY TAHSILDAR, (HQ) DEVIKULAM. EXHIBIT P14 A COPY OF THE CHELAN DATED 14.11.2019. EXHIBIT P15 TRUE COPY OF THE LETTER DATED 21.11.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P16 TRUE COPY OF THE EXPLANATION DATED 3.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY// P.A. TO JUDGE