Benjamin vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 22, 2022

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Citation: sooperkanoon.com/1542836
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Feb 22, 2022
Case Number: WP(C)/17666/2016

Parties & Advocates

Appellant / Petitioner

Benjamin

Respondent

State of Kerala

Excerpt

.....adequate compensation to the petitioners for the losses sustained by them in connection with the forceful eviction from their house properties by demolishing their houses and by destroying their valuable house hold and other articles ;(ii) to issue a writ of mandamus or any other appropriatewrit, order or direction commanding the respondents to allot properties to the petitioners in the purambokku lands at the nearby places for the construction of new houses ;(iii) and to pass such other appropriate writs, orders or directions which this hon'ble court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.”2. w.p(c) no.5683 of 2012 was filed seeking the identicalrelief wherein the writ petition was dismissed by judgment dated 11.8.2015. writ appeal bearing no.2021 of 2015 was preferred which also resulted into dismissal. thus the relief as sought for cannot be granted in terms of the judgments referred to above. writ petition accordingly stands dismissed. sd/- amit rawal judge csl wp(c) no.17666/2016 3 appendix of wp(c) 17666/2016 petitioners' exhibits exhibit p1: the true copy of the disabilitycertificate of the wife of the 2nd petitioner dated 19.5.1993 issued by the medical board, district hospital, kollam.exhibit p2: the photographs of the residential building of the ist petitioner before demolition and during demolition. exhibit p3: the photograph of the residential building of the 2nd petitioner before demolition. exhibit p4: the true copy of the representation before the ist respondent dated 30.1.2016. exhibit p5: the true copy of the a/d card dated 1.2.2016.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 WP(C) NO. 17666 OF 2016 PETITIONERS: 1 BENJAMIN S/O.SIMON, JS COTTAGE, ATTUKAL PUTHUVAL, VADAKKUMBHAGOM CHERRY, MUNDAKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT- 691010. 2 SEBASTIAN S/O CARNET, ATTUKAL PUTHUVAL, VADAKKUMBHAGOM CHERRY, MUNDAKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-691010. BY ADVS. SRI.SHABU SREEDHARAN SRI.JOLLY GEORGE SRI.JOHNY ANDREWS SRI.K.V.PREMSANKAR SMT.RESHMA ABDUL RASHEED SMT.K.SHAHIDA SRI.P.R.VIBHU SRI.S.VIJAYAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR CIVIL STATION, KOLLAM-691013. 3 THE TAHSILDAR TALUK OFFICE, KOLLAM-691013. BY ADV GOVERNMENT PLEADER SRI.JIMMY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.17666/2016 2

JUDGMENT

The petitioners have approached this Court with the following prayers :

“(i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant adequate compensation to the petitioners for the losses sustained by them in connection with the forceful eviction from their house properties by demolishing their houses and by destroying their valuable house hold and other articles ;

(ii) To issue a writ of mandamus or any other appropriate

writ, order or direction commanding the respondents to allot properties to the petitioners in the purambokku lands at the nearby places for the construction of new houses ;

(iii) And to pass such other appropriate writs, orders or directions which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.”

2. W.P(C) No.5683 of 2012 was filed seeking the identical

relief wherein the Writ Petition was dismissed by judgment dated 11.8.2015. Writ Appeal bearing No.2021 of 2015 was preferred which also resulted into dismissal. Thus the relief as sought for cannot be granted in terms of the judgments referred to above. Writ Petition accordingly stands dismissed. Sd/- AMIT RAWAL JUDGE csl WP(C) No.17666/2016 3 APPENDIX OF WP(C) 17666/2016 PETITIONERS' EXHIBITS EXHIBIT P1: THE TRUE COPY OF THE DISABILITY

CERTIFICATE OF THE WIFE OF THE 2ND PETITIONER DATED 19.5.1993 ISSUED BY THE MEDICAL BOARD, DISTRICT HOSPITAL, KOLLAM.

EXHIBIT P2: THE PHOTOGRAPHS OF THE RESIDENTIAL BUILDING OF THE IST PETITIONER BEFORE DEMOLITION AND DURING DEMOLITION. EXHIBIT P3: THE PHOTOGRAPH OF THE RESIDENTIAL BUILDING OF THE 2ND PETITIONER BEFORE DEMOLITION. EXHIBIT P4: THE TRUE COPY OF THE REPRESENTATION BEFORE THE IST RESPONDENT DATED 30.1.2016. EXHIBIT P5: THE TRUE COPY OF THE A/D CARD DATED 1.2.2016.

Same Court & Year Kerala · 2022 Same Parties Benjamin vs State of Kerala Same Judge Honourable Mr. Justice Amit Rawal