IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR.JUSTICE V.GIRI FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WA.No. 229 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.2804/2009 Dated 27/01/2009 .................... APPELLANT(S)/PETITIONER: ---------------------------------- NAVAJATH, S/O. RUDRASENAN, KUNNUMPURATH VEEDU, NOW RESIDING AT TSUNAMI SHELTER, WARD NO.1, AZHEEKAL THURA, ALAPPAD PANCHAYATH, KARUNAGAPPALLY TALUK, KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS/RESPONDNETS: ------------------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANNATHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR, KARUNAGAPPALY TALUK, KARNAGAPPALLY, KOLLAM. 4. KARUNAKARAN, PUTHENKATTIL, PRAYAR P.O., AYIRAMTHENGU. 5. SHYLAJA, D/O. KARUNAKARAN, PUTHENKATTIL, KALPPANA P.O., VARAVILA. 6. DILEEP KUMAR, S/O. KARUNAKARAN, PUTHENKATTIL, KALPPANA P.O.,VARAVILA. 7. RAJAMMA, PUTHUVALIL, AZHEEKAL P.O., AZHEEKAL 8. 1PRASAD, S/O. RAJAMMA, PUTHUVALIL, AZHEEKAL P.O., AZHEEKAL. W.A.229/2009 2 9. PONNAPPAN, S/O. RAJAMMA, PRAYAR P.O., ALUMPEEDIKA VAZHY, KARUNAGAPPALLY. 10. KAILASAN, S/O. RAJAMMA, PUTHUVALIL, ALUMPEEDIKA P.O., ALUMPEEDIKA. 11. SATHYAVAN, AMBANAD, AZHEEKAL P.O, AZHEEKAL 12. PRASAD, S/O. SATHYAVAN, AMBANAD, AZHEEKAL P.O., AZHEEKAL. 13. PRADEEP,S/O. SATHYAVAN, AMBANATTU, KULASEKHARAPURAM P.O., ADINADU SOUTH. 14. SUBRAMONIAN, PEEDIKAYIL, ALAPPAD,AZHEEKKAL P.O. 15. SOBHA, W/O. SUBRAMONIAN, KOLLAPPURATH, AZHEEKAL P.O., KARUNAGAPPALLY. GOVERNMENT PLEADER SMT.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/02/2009, ALONG WITH WA NO. 248 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NOS.229 & 248 OF 2009 () ----------------------------------- Dated this the 27th day of February, 2009 J U D G M E N T KOSHY,Ag.CJ. Appellant/Petitioner in both writ appeals filed Ext.P4 application for Tsunami Relief. It is the contention of the appellant that at the time of Tsunami, he was living with his family separately from the father. His brother and father were given Tsunami Relief for construction of house but appellant was not given the above benefit. Government Pleader takes a stand that the Tsunami Relief was not given to the appellant because appellant was living with his father at the time of Tsunami and there is no evidence to show that the appellant was living separately and his house was destroyed. These are factual disputes. According to the appellant, he was living in a rented house and that his house was destroyed and as per the rules, he was also entitled for Tsunami relief. These are disputed question of facts. In the above circumstances, without expressing any opinion on the merits W.A.NOS.229 & 248 OF 2009 2 of the matter, we direct the 2nd respondent District Collector to consider Ext.P4 application according to law with notice to the appellant/petitioner and appellant/petitioner may produce all his evidence in support of his contentions and 2nd respondent shall dispose of Ext.P4 application as expeditiously as possible untrammeled by the observations in the impugned judgment. With the above observations, these appeals are disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008