IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 29471 of 2009(D) ------------------------------------------ PETITIONER(S): ---------------------- S.ABDUL WAHID S/O. SULAIMAN, AGED 40 YEARS,RAHMATH VILLA HOUSE, ARATTUPUZHA VILLAGE, KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT. BY ADV. MR.GEORGE MATHEW RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT. 3. THE TAHSILDAR, KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT. 4. ARATTUPUZHA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ARATTUPUZHA, KARTHIKAPPALLY TALUK. R2 BY GOVERNMENT PLEADER MR.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29474/2009 APPENDIX P1:- COPY OF THE BASIC TAX RECEIPT DT. 1.12.08 ISSUED FROM THE VILLAGE OFFICE, ARATTUPUZHA. P2:- COPY OF THE LIST PREPARED BY THE AUTHORITIES UNDER THE ''THEERAVANAM SCHEME''. P3:- COPY OF THE REPRESENTATION DT.D 22.12.08. P3(a):- COPY OF THE REPRESENTATION DTD. 22.12.08. P3(a):- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED ON 24.12.08. P4:- COPY OF THE APPLICATION DTD. 6.7.09. P4(a):- COPY OF THE REPLY DTD. 29.7.09. P5:- COPY OF THE APPLICATION DTD. 12.8.09. P5(a):- COPY OF THE RECEIPT DTD. 12.8.09. P6:- COPY OF THE RESIDENCE CERTIFICATE ISSUED BY 4TH RESPONDENT DTD. 25.11.08. P7:- COPY OF THE RATION CARD (RELEVANT PAGE) OF PETITIONER. P8:- COPY OF THE DEED NO.2217 DTD. 30.11.95. OF SRO KEERIKKAD. P9:- COPY OF THE DOCUMENT NO.729 DTD. 9.5.07 OF SRO. KEERIKKAD. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.29471 of 2009 ------------------------------------------------ Dated this the 26th day of March, 2010 JUDGMENT The main prayer in the writ petition is to direct the respondents to include petitioner's name in the list of persons entitled for Tsunami Rehabilitation Scheme. The petitioner is a resident in Ward No.15 of Arattupuzha Grama Panchayat and has only 0.01 Are of landed property comprised in Sy.No.159/3-2 of the said Village. This is one of the Tsunami affected areas. His name was included as 22 in Ext.P2 list of beneficiaries. But his name was not included in the list prepared by the revenue authorities for rehabilitation. Ext.P2 representation did not yield any result and finally he filed another one as Ext.P5 before filing this writ petition. 2. In the counter affidavit filed by the second respondent it is submitted that based on the enquiry it was revealed that the petitioner was not a resident of Arattupuzha Village at the time of Tsunami and that he started residing in Arattupuzha village after acquiring property comprised in Sy.No.159/3-2 of Arattupuzha village obtained by him by virtue of Document No.729/2007 dated 9/5/2007. The petitioner has W.P.(C)No.29471 of 2009 2 filed a reply affidavit disputing the correctness of the said averments and has produced Exts.P8 and P9 in support of the claim. 3. In the light of the above, there will be a direction to the second respondent to examine the documents relied upon by the petitioner including Exts.P8 and P9 and originals of these documents will be produced by the petitioner before the District Collector along with a representation and the same will be considered with notice to the petitioner and the fourth respondent, Panchayat within a period of six weeks and the decision thereon will be communicated to the petitioner. Accordingly, this writ petition is disposed of. T.R.RAMACHANDRAN NAIR, JUDGE skj