Sathya Sai Orphanage Trust Kerala, Represented By Its Founder And Executive Director, K. N. Ananthakumar, S/o. Late T. D. N. Pillai v. State Of Kerala, Represented By Its Secretary To Government, Revenue Department
2024-02-27
DEVAN RAMACHANDRAN
body2024
DigiLaw.ai
JUDGMENT : The petitioner, which is a Non Governmental Organization (NGO), has approached this Court, stated to have been driven by official apathy, in identifying the victims of the ‘Endosulfan’ tragedy and in being allotted houses, which they have constructed with their own funds. 2. I do not propose to record the dialectical contentions of the parties in detail in this judgment because, it has now become irrelevant and unnecessary since, through the march of time and on account of the various interim orders issued by this Court, most of the eligible victims have been identified and their houses allotted. 3. However, for the sake of record, when this matter was considered by this Court on 15.09.2023, the following interim order had issued. “If the assertions in this writ petition are true, then it presents very horrific situation. 2. Learned counsel for the petitioner, submits that out of the 81 houses constructed by his client, many have become dilapidated and that nearly Rs.24,00,000/-will be now required to restore it. 3. This issue is extremely serious, which requires the personal attention of the 2nd respondent – District Collector. I, therefore, direct the said respondent to visit the area in question and file a report before this Court as to the conditions of the houses as also whether they intend to take it over and for the benefit of the “Endosulfan victims”. If the answer is to negative, the reasons for the same shall also be made available.” 4. Thereafter, on 25.09.2023, the District Collector, Kasaragod, Sri.Inbasekar K. IAS, had appeared and explained the steps taken by him to identify the 36 eligible families and to allot them the houses constructed by the petitioner. This was indited in the order of the said date, which is extracted for ease of reference as under: “Sri.Inbasekar K. IAS, District Collector, Kasaragod, had appeared in person online, impressing upon this Court the steps taken by him to ensure that the identified 36 families are given their houses at the earliest. 2. It is gratifying that the District Collector unequivocally admits that there are no impediments -legal or otherwise – in handing over the houses to the beneficiaries; and that all which now remains are certain maintenance works over the same, for which, he has also made available an estimate, prepared by the Public Works Department (PWD). 3.
2. It is gratifying that the District Collector unequivocally admits that there are no impediments -legal or otherwise – in handing over the houses to the beneficiaries; and that all which now remains are certain maintenance works over the same, for which, he has also made available an estimate, prepared by the Public Works Department (PWD). 3. Sri.Sunil Kumar Kuriakose – learned Government Pleader, affirmed that if the houses are repaired and maintained, it can be handed over to the 36 beneficiaries without delay. He added that, as is also available in the report of the District Collector, the petitioner themselves have come forward in altruism to expend the amounts required and that if they finds any difficulty, they can disclose the same to the District Collector, who then can take necessary further action. 4. Sri.Sanand Ramakrishnan – learned counsel for the petitioner, submitted that since his client has expended large amounts of money for the construction of the 36 houses, they are willing to repair them, subject to finances being available with them. He, however, submitted that the matters have come to this stage today, only because of delay and since the houses have been kept unused for the last several years. 5. I must record upfront that the intent of this Court is to bring solace to the 36 families, who are suffering for the last several years. They require the unflinching support of the community and the official Authorities and this is without any doubt. The tragedy is that even after the house were ready, there were impediments after impediments in the past, in putting them to use; but when all of them have been now resolved, a situation has arisen it has become wasted due to non-use. Therefore, all which now requires to be done is to rectify them and make them ready for habitation. 6. One cannot be oblivious of the stack reality that the victims and their families are living in great pathos, even in rented houses. Indubitably, a house in their name would be the greatest beneficence that one can extent to them, because they would then have the safety of a roof over their head and walls to protect them. 7. It is, therefore, apodictic that steps have to be taken swiftly and quickly, so that the families are able to be accommodated with dignity in the houses available. 8.
7. It is, therefore, apodictic that steps have to be taken swiftly and quickly, so that the families are able to be accommodated with dignity in the houses available. 8. This Court will not countenance any further delay, particularly because this writ petition has been pending, for no apparent reason, for the last three years. 9. Resultantly, I direct the petitioner to meet the District Collector, Kasaragod, at 11.00 a.m. on 27.09.2023; and they will then formulate the modalities for completing the works on the houses at the earliest. This court expects that work will be completed quickly, at least by the 15 of next month, so that all the families can be in the safety of a comfortable home thereafter. This shall be kept in mind and a report to this effect shall be placed before this Court by the District Collector, when the matter is next listed. List this case on 04.10.2023, on which day also, I request the District Collector, Kasaragod to be present personally for deliberation.” 5. Subsequently, on 10.11.2023, noticing that there were certain issues with respect to the wood work and electrical work of the houses, this Court issued a further order, which is ut infra: “Sri.Sanand Ramakrishnan – learned counsel appearing for the petitioner, submitted that, adverting to the spirit of the observations of this Court, the repair of wood work and electrical work of the houses are being conducted by his client; and they will be perhaps able to complete it by the end of this month. He added that as far as the wood work is concerned, it will be completed by 15.11.2023; while the electrical work will take a few more days. 2. Sri.Sanand Ramakrishnan then submitted that, as regards the access to the houses, since the terrain is undulated, it requires levelling and such other work, for which even though his client is not really responsible, abiding by the request of District Collector, they are doing this also. He added that if this is not done, then the houses would have the same fate as earlier; and therefore, that his clients have taken up themselves the responsibility in this regard 3. The learned Government Pleader submitted that the District Collector, Kasargode, is supervising the work personally, but that he is not able to appear today on account of certain previous engagements. 4.
The learned Government Pleader submitted that the District Collector, Kasargode, is supervising the work personally, but that he is not able to appear today on account of certain previous engagements. 4. This Court is aware that the District Collector was present in online twice before and he had made certain assurances. The access to the houses certainly have to be now arranged forthwith and without any delay because, merely on that account this Court cannot countenance any delay in handing over the houses to the Endosulfan victims. 5. The victims have been awaiting justice for the last several years and have been given several promises earlier; and cannot be now disappointed, particularly when the matter is before this Court. 6. I, therefore, direct the District Collector to press into service every agency under his command, by invoking the provisions of appropriate statues, including the District Disaster Management Authority – if necessary, thus to ensure that access to the houses are safely and properly arranged. 7. I make it clear that, the time frames fixed by this Court are peremptory in nature; but because of the delay in work, some latitude certainly has to be shown. However, I will not permit it to continue beyond the end of this month. The District Collector shall keep this in mind and appear before this Court on 30.11.2023, for further interaction, when I propose to list this matter again.” 6. The work of the houses thus continued and it was reported on 01.12.2023, that the work of 36 houses were fully completed and made ready to be offered to the ‘Endosulfan Victims’. This was recorded by this Court in the proceedings of the said day which is as below: “Read order 10.11.2023. 2. It is extremely gratifying that it is reported before this Court that all the 36 houses are wholly ready and capable of being resided in. 3. As this Court has been emphasizing and reiterating in these proceedings, the “Endosulfan Victims” require the unstinted support of the community; and that their tears can be wiped out only if there is a synergy between the Governmental agencies and the society as a whole. 4. The case at hand is one such, where 36 houses have been made ready by the petitioner – a Non-Governmental Organisation; and though there were several hiccups and impediments, they have all been cleared.
4. The case at hand is one such, where 36 houses have been made ready by the petitioner – a Non-Governmental Organisation; and though there were several hiccups and impediments, they have all been cleared. Thus, the 36 people, who have been given the ‘pattayam’, can now be allowed to occupy the houses. This is to be done forthwith since this is the least that we could do for the families who have been suffering long. 5. The learned counsel for the petitioner – Sri.P.B.Sahasranaman, submitted that the keys of the houses are with his client and that it can be handed over to the District Collector, for being delivered to the beneficiaries. He, however, added that there is a problem with electricity connection and that if this is also taken care of, then the matter will find a full resolution. 6. Sri.Imbasekhar IAS, the District Collector of Kasaragod, affirmed that all the 36 beneficiaries have been given their ‘pattayams’, and that whoever among them are ready to occupy, can do so forthwith. He added that his office will issue invitations to all such persons; however, adding that three among them have now informed him -one in writing -that they do not intend to accept the houses. He added that in such cases the ‘pattayam’ in their names may have to be cancelled and re-allotted to the persons in the “Reserve List”. 7. In the afore circumstances, I direct the petitioner to handover the keys of all the 36 houses to the office of the District Collector immediately. 8. The District Collector will forthwith issue invitations to all the 36 persons in whose names the ‘pattayam’ are already issued to occupy their respective houses; and this shall be done, if possible, within the next two or three days. 9. On such invitations being received by the individual allottees, the District Collector will ensure that they are handed over the keys, so that they can start residing in the houses. For this purpose, the District Collector will also ensure that electric and water supply are provided to the houses without fail; and I record his submission, that all measures for the same have been taken and will be completed within hours of occupation. Of course, for this purpose, the District Collector can obtain the applications from the respective allottees for necessary action.” 7.
Of course, for this purpose, the District Collector can obtain the applications from the respective allottees for necessary action.” 7. Pursuant to the afore, on 12.12.2023, Sri.Inbasekar K. IAS, brought to my notice certain small technical issues, for which, certain directions were issued on that day as under: “Sri.Imbasekhar IAS, the District Collector of Kasaragod, reports that out of the 36 houses now completed by the petitioner, 27 had been allotted to eligible ‘Endosulfan Victims’ and their families; while five more would accept it in a weeks time. He added that four allottees, however, declined to accept the houses and therefore, steps will now be taken to cancel their Pattas and issue them to those eligible in the reserved list. 2. Sri.Sanand Ramakrishnan – learned counsel for the petitioner, however, submitted that his client has a suspicion that no person has yet started occupying the houses, though they may have been handed over the keys. He sought a few days time for them to verify this, as also if any further measures are required to make them comfortable. 3. I propose to accede to the afore request of Sri.Sanand Ramakrishnan because everything that this Court is now attempting to do is in the interest of the hapless victims of the ‘Endosulfan’ tragedy. They have already gone through the worst in their lives and it is the collective duty of the Society to offer them every support, as possible. This writ petition has been pending before this court for nearly 2½ years now and this is rather distressing because, all this while, it were the victims who were denied safe residence. 4. The District Collector says that with respect to the four buildings declined by the allottees, unless it is realloted to deserving persons in the reserve list or otherwise, the said buildings were also go into waste and disservice in future. This must certainly be kept in mind by the said Authority while taking steps for cancellation of earlier ‘pattas’ and realloting it. 5. The District Collector will, therefore, look into these aspects and report to this Court with respect to the occupation of the buildings already offered to the Victims; as also those which have been declined. He will also ensure that every allottee is able to live in the houses with the every basic facility necessary, including water, electricity and other utility connections.
He will also ensure that every allottee is able to live in the houses with the every basic facility necessary, including water, electricity and other utility connections. I direct that this matter be treated as part heard.” 8. This matter was thus listed for the last time until today, on 05.01.2024, on which day, the following was recorded by this Court: “After all the effort, both by the petitioner, official respondents and to a small extent of this Court, there appears to be some resolution to the controversy because, the District Collector – Sri.Imbasekhar IAS, appearing personally online, today reports that, out of the 36 houses, 35 have been handed over to eligible persons; while there is a small controversy with respect to the last one. 2. As I have already said, it is certainly gratifying for this Court that at least 35 endosulfan victims and their families have been now rehabilitated through proper houses. However, it is not sufficient that they are handed over the keys, but we must also ensure that they are able to live well, with all the basic facilities as are imperatively required for a good human existence. 3. I, therefore, direct the District Collector – Sri.Imbasekhar IAS to depute a competent team to the houses in question and interact with each of the allottees and find out if they require anything further, to enable them to live in their respective allotted residences peacefully. 4. A report in this regard shall be made available by the next posting date.” 9. Sri.Sanad Ramakrishnan – learned counsel appearing for the petitioner, today submitted that all the houses have been allotted and the eligible allottees comfortably residing therein, with all essential and necessary facilities provided. 10. Obviously, therefore, no further orders are required from this Court in this writ petition any further. 11. However, I must record the consternation of this Court in the fact that this writ petition has had to be pending for nearly three years, for the afore result to have been obtained. As I have been impressing upon the Authorities, through the various interim orders in the past, the victims of ‘Endosulfan’ require the unstinted support of the community as a whole and particularly from the official system.
As I have been impressing upon the Authorities, through the various interim orders in the past, the victims of ‘Endosulfan’ require the unstinted support of the community as a whole and particularly from the official system. They are suffering for no reason that can be attributed to them; but are faced with the destiny and prospect of living a very difficult life, particularly little children, old and infirm. 12. This is a well documented problem in our State; and it has been fully recognized, hence capable of being taken judicial notice of, as has been done and dealt with in the earlier extracted orders. 13. It is, therefore, rather unfortunate and distressful that the petitioner had to wait, as an organization working for the public good, for more than three years, to finally have their labour bear fruit. 14. As far as this Court is concerned, the support that was offered by all the stakeholders, including the District Collector, is one which deserves to be commended upon. In fact, this is affirmed by Sri.Sanad Ramakrishnan – learned counsel for the petitioner also. 15. However, all these being said, the facum of the petitioner being required to conduct repairs of the houses, was solely on account of the delay caused in putting it to use. This should have never happened and the official Authorities ought to have been alive to their responsibility to the community of victims, haunted by the ‘Endosulfan’ tragedy. I do not propose to say anything further because, as the aphorism goes, ‘All’s Well That Ends Well’. 16. But surely, this Court must extol the relentless commitment shown by the petitioner in voluntarily coming forward and taking upon themselves the burden of the additional expenditure, for repairing the houses. I, therefore, close this writ petition, finding that all the reliefs sought for have been fully acceded to by the Authorities and compliment every stakeholder, including the petitioner, the District Collector and the learned Government Pleader, in having acted as a cohesive team to culminate the proceedings in the manner as seen today. I leave this judgment, directing the District Collector to ensure that the allottees of the houses are taken care of to the fullest warrant, as required under law, ensuring all care and support, as is mandatory; and this shall be ensured for all times to come.
I leave this judgment, directing the District Collector to ensure that the allottees of the houses are taken care of to the fullest warrant, as required under law, ensuring all care and support, as is mandatory; and this shall be ensured for all times to come. I leave liberty to the petitioner to approach this Court for any clarification in future, should action qua the afore directions, are found to be wanting. SPOKEN TO ORDER DATED 06.03.2024 This matter has been listed today for being 'spoken to” at the request of the learned Government Pleader. 2. Sri.Sunil Kumar Kuriakose submitted that, at the time when the judgment was delivered, it was omitted to be brought to the notice of this Court that, out of the 36 houses, 35 have already been allotted to deserving victims, whom 16 have started residing there; while, the 16 others will reside only by the end of March, 2024, at their own request. He however, added that there are 3 houses which are still vacant because, the original allottees have relinquished their right over it; and therefore, that the District Collector will take full effort to have all such unallotted houses given to deserving victims at the earliest. He concluded saying that, a notification for this purpose has already been issued by the District Collector. 3. No doubt, as I have already said in the judgment, the efforts taken by the stakeholders are certainly deserving of appreciation. 4. Obviously, the District Collector will ensure that every house is allotted to deserving persons, within the next couple of months, if not earlier. To confirm this, I order the Registry to list this matter for a report of such allotment on 21.05.2024.