IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 28434 of 2008(I) -------------------------- PETITIONER(S): --------------- 1. K.B.BABU, AGED 52,S/O. VASTHIANKUTTY, RESIDING AT KALATHIL HOUSE, PALLITHODE PO CHERTHALA, ALAPPUZHA DISTRICT PRESIDENT OF PARENT TEACHERS ASSOCIATION, ST.SEBASTIAN'S HIGH SCHOOL, PALLITHODE PO, CHERTHALA, ALAPPUZHA DISTRICT. 2. ALBY T.A., AGED 44, S/O.ANTONY THAYIL HOUSE, SOUTH CHELLANAM P.O. KOCHI TALUK, ERNAKULAM DT. 3. JOHN A.D., AGED 40, S/O. DEVASSY ARATTUKULANGARA HOUSE, SOUTH CHELLANAM P.O. KOCHI TALUK, ERNAKULAM DT. 4. BENJAMIN BENNY, AGED 39, S/O.MICHAEL, SRAMPICKAL HOUSE, SOUTH CHELLANAM P.O. KOCHI TALUK, ERNAKULAM DT. 5. WILLIAMS K.J., AGED 54 S/O. JOSEPH,M KAITHAVALAPPIL HOUSE SOUTH CHELLANAM P.O. KOCHI TALUK, ERNAKULAM DT. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO THE GOVERNMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM OFFICE OF THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT KOCHI-30 WPC NO.28434/2008 3. UNION OF INDIA REP. BY SECRETARY TO THE GOVERNMENT DEPT. OF HOME AFFAIRS, CENTRAL SECRETARIATE, NEW DELHI. 4. THE DISTRICT COLLECTOR, ALAPPUZHA OFFICE OF THE DISRICT COLLECTOR COLLECTORATE,ALAPPUZHA, ALAPPUZHA DISTRICT. SMT.M.R.SREELATHA, GOVERNMENT PLEADER FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28434/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LIST SIGNED BY THE HEADMISTRESS OF ST.SEBASTIAN'S HIGH SCHOOL, PALLITHODE AND COUNTER SIGNED BY THE PRESIDENT, CHELLANAM GRAMA PANCHAYAT. P2 : COPY OF THE CERTIFICATE DATED 15/02/2008 ISSUED BY THE PRESIDENT OF CHELLANAM GRAMA PANCHAYAT. P3 : COPY OF THE LETTER NO.10.49237/05 DATED 19/02/2008 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. P4 : COPY OF THE REPRESENTATION DATED 18/02/2008 SUBMITTED BY THE HEADMISTRESS ST.SEBASTIAN'S HIGH SCHOOL, PALLITHODE TO THE 2ND RESPONDENT. P5 : COPY OF THE REPORT DATED 09/08/2008 PUBLISHED IN MALAYALA MANORAMA DAILY. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.28434 of 2008 --------------------------------- Dated, this the 12th day of January, 2009 J U D G M E N T The petitioners are residents of Ernakulam District. Their children are studying at St.Sebastian's High School, Pallithode.P.O., Cherthala in Alappuzha District. Being victims of Tsunami, they claim to be eligible for the scholarship provided for Tsunami affected persons. Although, their names were included in the list prepared by the Headmaster of the School and forwarded to the respondents, they were not extended the benefit and therefore, the writ petition has been filed. 2. A statement has been filed on behalf of the 2nd respondent. Paragraph 4 of the statement reads as under:- “4. It is submitted that list of beneficiaries were already prepared and the same had been consolidated by the Deputy Director, Education, Ernakulam in accordance with G.O.(Rt.) No.2161/07/DMD dated 18/05/2007. The list of 136 students in the St.Sebastian School, Pallithode that had been forwarded by the District Collector, Alappuzha was received in this office only on 23/02/2008. At that time, the list for 2007-08 had already been approved and fund has been allotted, (vide G.O.(Rt.) No.1027/08/DMD dated 24/03/2008). Hence the new list has been forwarded to the Deputy Director, Education, Ernakulam for WP(C) No.28434/2008 -2- consideration. The students will be included in the next years list (2008-09) of beneficiaries, if they are under the norms.” 3. From the above averments in the statement, it is evident that if the petitioners satisfy the norms prescribed, they will be extended the benefit by including them in the list for the year 2008- 09. With the commitment so given, the grievance is substantially redressed. Therefore, the writ petition is disposed of recording the undertaking given in paragraph 4 of the Statement filed by the 2nd respondent. (ANTONY DOMINIC, JUDGE) jg