IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33050 of 2007(H) ---------------------------------- PETITIONER --------------- T.K. GOPALAN, S/O. KELA, AGED 74 YEARS, THAZHATHUPADATHIL, KULAMAVU P.O., IDUKKI DISTRICT. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS ----------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE REVENUE DIVISIONAL OFFICER, IDUKKI. BY GOVT. PLEADER SRI. NOBLE MATHEW, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12 /2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33050 of 2007(H) APPENDIX PETITIONER'S EXHIBITS EXT. P1 : COPY OF THE GO(RT.) NO. 2018/95/RD DATED 02.06.1995. EXT. P2 : COPY OF THE NOTICE ISSUED BY THE TAHSILDAR, THODUPUZHA, VIDE NO. B8/8524/1992 DATED 06.11.1996. EXT. P3 : COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT NO. B1-141/89 DATED 28.11.1996. EXT. P4 : COPY OF THE PROCEEDINGS OF THE REVENUE INSPECTOR, VILLAGE OFFICE, ARAKKULAM DATED 08.11.1995 EXT. P5 : COPY OF THE GO (RT.) NO. 141/89 DATED 03.05.2000 EXT. P6 : COPY OF THE GO(RT) NO. 3450/200O/TD DATED 14.08.2000. EXT. P7 : COPY OF THE GO NO. 425826/B3/2002/TD DATED 21.07.2003 EXT. P8 : COPY OF THE LIST OF PERSONS DATED 27.02.2007 GIVEN BY THE SUB COLLECTOR, IDUKKI EXT. P9 : COPY OF THE LIST OF PERSONS WHO VOLUNTARILY SURRENDERED THEIR LANDS AND GRANTED COMPENSATION FROM 02.06.1995 TO 21.07.2003. EXT. P10: COPY OF THE REPRESENTATION DATED 23.11.2004 SUBMITTED BY THE PETITIONER BEFORE THE HUMAN RIGHTS COMMISSION. EXT.P11: COPY OF THE ORDER DATED PASSED BY THE 2ND RESPONDENT ON 08.03.2007 VIDE ORDER NO. C- 3457/2005. EXT.P12: COPY OF THE REPRESENTATION DATED 01.10.2007 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. dlk WP(C).No. 33050 of 2007(H) EXT.P13: COPY OF THE POSTAL ACKNOWLEDGEMENT AND THE CERTIFICATE ISSUED BY THE POSTAL DEPARTMENT ON 25.10.2007. RESPONDENTS EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. dlk S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.33050 of 2007 ---------------------------------------------- Dated this the 16th day of December, 2011 JUDGMENT The petitioner belongs to a Scheduled Tribe. He was in occupation of a property. The Government took over the said land for the Vadakkepuzha Diversion Scheme of the Kerala State Electricity Board. The Government ordered rehabilitation facilities to persons from whom the land was taken possession of. The petitioner has filed this writ petition complaining of discriminatory attitude in the matter of giving benefits by the Government to persons who were dispossessed of land for the said scheme. According to the petitioner, persons, who refused to vacate the premises, were given benefits of not only value of the land but also rehabilitation. The petitioner and others have been denied similar benefits only on the ground that they voluntarily vacated the land. According to the petitioner, this is a discriminatory stand and unbecoming of a democratic Government. The petitioner also alleges that, certain persons, who refused to vacate the land, even after getting rehabilitation, W.P.(C)No.33050/07 2 were given market value of the land, which has been denied to the petitioner and others only because they abided by the law of the land. Against this discriminatory attitude, the petitioner has filed Ext.P12 representation before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P12 expeditiously. 2. I have heard the learned Government Pleader also. I am of opinion that when a democratic Government reward persons who refuse to obey the law and denies the same benefit to those who abide by the law, in respect of the same subject matter, that would send a wrong message to the people and would encourage others to violate the law with impunity. First of all no concession should have been given to violators of law who refused to vacate the land despite direction issued in that regard. Secondly, having given such concession, then for the same subject matter, those who abided by the law and the direction of the Government should certainly be given the same benefit, in any event. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P12 representation filed by the W.P.(C)No.33050/07 3 petitioner in the light of the above observations, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.33050/07 4