IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 23804 of 2007(H) --------------------------------------- PETITIONER: ------------------- RAVIMOHANA NATH, NATHA MANDIRAM, KUZHITHURA POST, KARUNAGAPPILLY, KOLLAM. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, RESERVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR, KARUNAGAPPALLY TALUK, KARUNAGAPPALLY. R1 TO R3 BY GOVT. PLEADER MR. V. TEKCHAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23804/2007-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DECISION OF LOK ADALATH DTD. 08/05/2005. EXT.P.2: COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER. EXT.P.3: COPY OF THE REPRESENTATION FROM THE PETITIONER BEFORE KOLLAM DISTRICT COLLECTOR. EXT.P.4: COPY OF THE LETTER DTD. 24/06/2005 FROM THE HONOURABLE MINISTER SHRI THIRUVANCHOOR RDHAKRISHNAN. EXT.P.5: COPY OF THE PAPER REPORT APPEARED IN MALAYALA MANORAMA DAILY DTD. 19/08/2005. EXT.P.6: COPY OF THE ORDER DTD. 13/12/2005 IN W.P.(C). 26115/2005. EXT.P.7: COPY OF THE CERTIFICATE FROM ALAPPAT GRAMA PANCHAYAT DTD. 30/06/2005. EXT.P.8: COPY OF THE RATION CARD. EXT.P.9: COPY OF THE REPRESENTATION FROM THE PETITIONER BEFORE THE TAHSILDAR, KARUNAGAPPALLY DTD. 08/08/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 23804 Of 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31th day of March, 2009 JUDGMENT The petitioner has approached this Court projecting the lethargy and callous inaction on the part of the respondents in disbursing the benefits payable to the petitioner/his son in respect of the house constructed in the name of the son, which happened to be demolished and devastated because of the adverse effect of the Tsunami occurred on 26.12.2004. 2. Pursuant to the complaint made before the Lok Adalath, the Government was directed vide Ext.P1 to consider the claim of the petitioner for obtaining the benefits; simultaneously directing the petitioner to produce relevant documents to show the ownership and possession of his son Harinath (wrongly mentioned as Harishkumar), who was stated as residing in the house. It is submitted by the petitioner that despite the specific directions given by this Court in WP (C) 26115 of 2005 as borne by Ext. P6, nothing turned out in positive which made the petitioner to approach this Court seeking for appropriate reliefs. 3. The learned Government Pleader, on the basis of instructions received, submits that there is some dispute as to the ownership over the house in question. It is admitted by the petitioner that the house is WP (C) No. 23804 of 2007 : 2 : in the name of his son Harish Nath. But according to the petitioner, the house was constructed making use of the funds of the petitioner himself, after availing loan from different financial institutions. However, the son is not in the party array and there is no case for the petitioner that this writ petition has been filed on behalf of his son, on the basis of any power of attorney executed by the latter, who is reportedly abroad as on date. The learned counsel for the petitioner submits that the writ petition has been filed with the consent of the son and that there is no dispute whatsoever between the petitioner and his son.. 3. The learned counsel for the petitioner seeks for the permission of this Court to withdraw the petition without prejudice to the right of the petitioner to approach this Court either jointly with the son Harish Nath or after obtaining his power attorney, to claim appropriate relief. Permission is granted and the writ petition is dismissed as withdrawn, reserving the rights and liberties of the petitioner as above. P. R. RAMACHANDRA MENON, JUDGE kmd