IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 13083 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ V.MURALEEDHARAN,MEENATHERIL HOUSE, KUZHITHURA WARD NO.7,KUZHITHURA.P.O,ALAPPAD, KARUNAGAPPALLY,KOLLAM DISTRICT. BY ADV. SMT.D.P.RENU RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR,COLLECTORATE, KOLLAM.PIN-691 001 2. TAHSILDAR,TALUK OFFICE,KARUNAGAPPALLY, KOLLAM DISTRICT.PIN-690 518 3. VILLAGE OFFICER,VILLAGE OFFICE, ALAPPAD,KARUNAGAPPALLY.PIN-690 518 R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.13083/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE DATED 4/6/2005 ISSUED BY PANCHAYAT. P2 COPY OF THE ELECTION IDENTITY CARD ISSUED TO PETITIONER. P3 COPY OF THE CERTIFICATE DATED 7/2/2008 ISSUED BY VILLAGE OFFICER. P4 COPY OF THE TAX RECEIPT DATED 28/7/2010 ISSUED BY VILLAGE OFFICER. P5 COPY OF THE IDENTITY CARD ISSUED BY THE CHIEF OFFICER, RELIEF CAMP. P6 COPY OF THE APPLICATION DATED 24/4/2007 SUBMITTED BEFORE THE TAHSILDAR. P7 COPY OF THE REQUEST DATED 21/2/2005 FILED BY THE PETITIONER. P8 COPY OF THE TAX RECEIPT DATED 10/7/1984 ISSUED FROM VILLAGE OFFICER. P9 COPY OF THE SWEARING BY THE FORMER PANCHAYAT MEMBER AND NEIGHBOURS DATED 20/6/2011. P10 COPY OF THE RATION CARD OF MY FATHER. P11 COPY OF THE MY FATHER'S HOUSE. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 13083 OF 2011 ===================== Dated this the 26th day of July, 2011 J U D G M E N T Petitioner has approached this Court praying for a direction to the respondents to allot him a residential house in the newly constructed buildings proposed for allotment to the victims of the tsunami disaster, which occurred on 26/12/2004 in Alappad Coastal area of Karunagapally Taluk of Kollam District. 2. The case of the petitioner is that he is a resident of 3.5 cents of property in Sy.No.44/36 in Alappad Panchayat and that his house was lost in the tsunami, which occurred in December, 2004. It is stated that he was given financial assistance by the Chief Officer of the Relief camp, who has also issued Ext.P5 identity card. He made Ext.P6 application for allotment of a house, which was followed by Ext.P7. There was no response and that led him to file this writ petition. 3. On the other hand, in the counter affidavit filed on behalf of the 2nd respondent, the petitioner's very eligibility has been disputed. Para 3, 4 and 5 of the counter affidavit reads as follows: WPC No. 13083/11 :2 : “3. It is submitted that soon after the Tsunami disaster occurred on 26.12.2004 a survey team headed by an Executive Engineer, PWD (Buildings) conducted a verification of all fully damaged houses and published the list of the beneficiaries those who are eligible for getting Tsunami Rehabilitation houses. As per the Government Policy, the new houses under Tsunami Rehabilitation houses programme was allotted to those families who had owned a house which was damaged fully due to Tsunami disaster. At the time of Tsunami disaster the petitioner was residing along with his father in House No.AP 11/278 in Alappadu Grama Panchayat. This house was owned by the petitioner's father Sri.M.K.Vidhyadharan, Meenath House, Meenath, Kuzhithura. 4. Due to the Tsunami disaster the house owned by the father of the petitioner was damaged and thus a new Tsunami rehabilitation house was allotted to Sri.Vidhyadharan under the Alappadu Special package housing scheme. 5. It is submitted that after the Tsunami disaster the petitioner constructed a Thatched house in the land in Sy.No.44/36 (01.41 Ares) owned by him and thereafter obtained Ration Card No.1210095505 and a residential certificate NO.278/B-AP-VVI from Alappadu Grama Panchayath Secretary on 4.6.2005. The petitioner's claim is for a new Tsunami rehabilitation house for this newly Thatched house. Ext.P5 is the identity card given to the petitioner issued by the Charge Officer, Relief Camp, S.N.Library and reading room. The above identity card issued only in respect of the persons who were attended in the Relief Camp started after the Tsunami disaster. The identity card cannot be considered as a criteria for getting Tsunami Relief Camp house. The application submitted by the petitioner considered properly WPC No. 13083/11 :3 : and found that the claim of the petitioner for a new Tsunami Rehabilitation house is bogus and baseless. Since he has not lost his house due to Tsunami disaster and does not coming under the criteria for a new house therefore he has not been included in any list of housing packages”. 4. In the reply affidavit filed by the petitioner, his claim of entitlement is reiterated. He has produced Exts.P8 to P11 to substantiate his contentions. It is his case that he has been a resident of the house in the property in Sy.No.97/1-3 (RS No.44/36). 5. However, apart from the assertions made in the pleadings, as also in Ext.P9 affidavits, there is nothing to prove that, as on the date of tsunami, there was a house in the property as claimed by the petitioner, which is allegedly lost. Therefore, on the materials available and particularly in the light of the disputes raised by the respondent in the counter affidavit filed by them, this Court in unable to come to a conclusive finding in support of the facts averred by the petitioner. Therefore, the direction sought for cannot be granted. Be that as it may, if as claimed by the petitioner, there in fact was a residential house in Sy.No.97/1-3(RS No.44/36) of Alappad Village, I leave it open to the petitioner to produce WPC No. 13083/11 :4 : materials in support thereof before the 1st respondent, who thereupon will consider the claim of the petitioner in accordance with law. ANTONY DOMINIC, JUDGE Rp