IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 1637 of 2009(S) ------------------------- PETITIONER: ------------- KOLLAM JILLA THEERADESA PUROGAMANA POURASAMITHI, REG.NO.237/93,PALLITHOTTAM.P.O, KOLLAM-6,REP. BY V.A.SALAM PALLITHOTTAM,GENERAL SECRETARY,AGED 65, S/O. VAVAKUNJU, RESIDING AT `KUTHIRANAKKIL VEEDU', PALLITHOTTAM.P.O, KOLLAM-6. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. ADDL. 4. PALLITHOTTAM AZEEZ ALIAS ABDUL AZEEZ, S/O.MOHAMMED ISMAIL, AGED 47 YEARS, RESIDING AT FATHIMA MANZIL, H&C COMPOUND, PALLITHOTTAM, KOLLAM DISTRICT. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 08.04.09 IN IA NO.4906 OF 2009). ADDL. 5. HANEEFA, S/O.RAWTHER PILLAI, AGED 87 YEARS, RESIDING AT ATTUKAL PURAYIDAM, PALLITHOTTAM, KOLLAM DISTRICT. WPC : 1637 OF 2009 ADDL. 6. MOHAMMED KASIM, S/O.ABDUL RAZAK, AGED 67 YEARS, RESIDING AT ATTUKAL PURAMBOKE, PALLITHOTTAM, KOLLAM DISTRICT. (ADDL.R4 & R5 IMPLEADED AS PER ORDER DATED 06.10.09 IN IA NO.4603 OF 2009). R1 TO R3 BY GOVERNMENT PLEADER, SRI.K.B. MANOJ KUMAR ADDL.R4 BY ADV. SRI.M.MANOJKUMAR (CHELAKKADAN) ADDL.R5 & R6 BY ADV.SRI.C.R.REKHESH SHARMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 1637 OF 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF LETTER DATED 18.12.08 SENT BY THE DISTRICT COLLECTOR TO R2. EXT.P2 : TRUE COPY OF NEWS ITEM PUBLISHED IN THE MATHRUBHOOMI DAILY DATED 16.04.08. EXT.P3 : TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN THE KERALA KAUMUDI DAILY DATED 13.03.09. EXT.P4 : TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 14.3.09. EXT.P5 : TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED in the DEEPIKA DAILY DATED 14.03.09. RESPONDENTS' EXHIBITS: EXT.R2(A) : TRUE COPY OF THE GOVERNMENT ORDER DATED 09.08.07. EXT.R2(B) : TRUE COPY OF THE LETTER TO GOVERNMENT OF INDIA DATED 17.11.08. EXT.R3(A) : TRUE COPY OF PROGRESS REPORT OF TRP WORKS EXECUTED THROUGH VARIOUS DEPARTMENTS OF GOVERNMENT. EXT.R3(B) : TRUE COPY OF THE SURVEY PLAN PREPARED BY THE TALUK SURVEYOR. EXT.R4(A) : TRUE COPY OF THE REPRESENTATION DATED 16.03.09 FILED BY THE PETITIONER HEREIN BEFORE THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1637 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2009 JUDGMENT Basheer, J. Petitioner-Organisation claims that it is engaged in undertaking welfare measures for the benefit of people living on the sea coast of Kollam. According to the petitioner, it had rendered commendable service to the victims of the last Tsunami, which hit the sea coast. 2. This Writ Petition has been filed praying for the following reliefs: “i. to call for the records leading to the proposal to acquire 67.40 Acre of land for rehabilitation of Tsunami victims in Kollam District as identified in Ext.P1 and quash the same by issuance of a Writ of Certiorari or any other appropriate Writ, order or direction; ii. to issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the Government to find out alternative lands and identify them choosing the land keeping in mind the possible disaster prone areas and provide rehabilitation to the Tsunami victims in a proper manner.” 3. Admittedly, the Government through its revenue/ district administration, has been implementing certain WP(C) No.1637 of 2009 -:2:- measures to rehabilitate the Tsunami victims. Respondent No.3 has filed not less than three counter affidavits indicating the various steps taken by the Governmental agencies for rehabilitation of these people. Respondent No.2 has also filed counter affidavits indicating the various steps taken by the Government for implementation of the rehabilitation projects utilising the State and Central funds. 4. Additional respondents 4, 5 and 6 who are the victims of Tsunami have filed counter affidavits expressing reservation about the sufficiency and efficacy of the work being carried out by the various departments under the Tsunami rehabilitation project. 5. We do not propose to refer to the various items of work indicated in the counter affidavits filed by respondents 2 and 3 and the list/schedule/sketch annexed to the counter affidavits. Suffice it to say, prima facie, we are satisfied that considerable effort is being made by the Government in alleviating the grievance of the victims. 6. However, it is contended by Sri.T.Ramaprasad Unni, WP(C) No.1637 of 2009 -:3:- learned counsel for the petitioner that many of the lands identified by the Government for construction of buildings to rehabilitate the victims are situated far away from the sea coast and there is no other benefit in such project. It is pointed out by the learned counsel that many of the beneficiaries are wary in accepting those buildings/lands for the obvious reason that they may not be in a position to carry out their avocation, namely, fishing, if they are rehabilitated far away from the sea cost. It is also the contention of the learned counsel that some of the lands identified by the Government are still worse in as much as they are likely to be affected by another Tsunami because they are too close to the sea-coast. We do not propose to deal with the above contention at this stage since, in our view, the Government and its machineries are more competent to decide such matters especially as there is no material before us to show that the lands identified by the Government are totally unsuitable for the project. 7. However, the petitioner has filed an affidavit dated October 4, 2009 identifying certain lands in Thazhuthala village of WP(C) No.1637 of 2009 -:4:- Kollam Taluk which according to it would ideal for rehabilitation. The petitioner has indicated the Survey numbers of some lands in the said village, which according to it are eminently suitable for rehabilitation and which will not be affected by Tsunami in the future. We do not express any opinion on this aspect either. In our view it has to be left to the wisdom of the Government to consider whether the lands proposed by the petitioner would be suitable or ideal for rehabilitating the Tsunami victims. If there is a proposal to acquire further lands in the area referred to above, it will be open to the Government to consider the above proposal made by the petitioner and acquire those lands also if additional lands are required. 8. In this context, learned counsel points out that Ext.R4(a) representation has been submitted by respondent No.4, a victim of Tsunami before the Principal Secretary (Revenue) highlighting all the above aspects. Petitioner may submit a further representation incorporating the proposals, if any, in addition to those mentioned in the affidavit referred to above. It will be open to the Government to consider the above WP(C) No.1637 of 2009 -:5:- representation along with Ext.R4(a) and the affidavit filed by the petitioner today, and take an appropriate decision in the matter. With the above observation, the Writ Petition is closed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb