IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 1226 of 2004(U) ------------------------- PETITIONER: ------------ C.OMANA, W/O. NADESAN ASARI, AGED 48 YEARS, PRATTIYARKUZHI, VADAKKEKONATHU VEEDU, AALAMPARA, MANNIYODU, PALODE VILLAGE, TRIVANDRUM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SMT.RESHMI POULOSE RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, TRIVANDRUM. 2. THE GOVT. OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIATE, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008 THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 1226/2004. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF LETTER DT. 30-12-2003. EXT.P2 REPRESENTATION DT. 30-12-2003. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 1226 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th September, 2008. J U D G M E N T The petitioner is a poor lady residing in 5 cents of property in Palode village. She has two unmarried daughters and an ailing husband. In September-October, 1992, her house was destroyed on account of natural calamities. The respondents sanctioned an amount of Rs. 15,000/-, which was to be paid in instalments. Subsequently, by Ext. P1, she was directed to repay Rs. 11,037/- with 12.5% interest from 2-10-1996. This is under challenge before me. According to the petitioner, the amount was rightly given to the petitioner and the petitioner is not liable to repay the same. 2. No counter affidavit has been filed justifying Ext. P1. Admittedly, amounts have been paid to the petitioner in recognition of the fact that her house was destroyed on account of natural calamities. The Government is paying such compensation to other victims of natural calamities. As such, there is no reason to discriminate the petitioner in the matter. Accordingly, Ext. P1 is quashed and the respondents are directed not to enforce recovery of any amount from the amounts already paid to the petitioner as compensation for loss of house on account of natural calamities. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/