AUGUSTINE K S Vs. STATE OF KERALA

JUDGEMENT

(1.) The startling facts noticed herein relate to one K. S. Augustine, who was allotted four cents of land by the Nayarambalam Panchayat in December, 1993, under a scheme for allotment of land for construction of house for families of landless workers. He alleges that he obtained possession of only two and a quarter cents. In June 2004, the Ombudsman for Local Self Government Institutions directed the Village Officer to measure out the land and give the petitioner his due. Nothing worth a solace happened thereafter. Ultimately, all turned round to say that the petitioner was allotted land in 1993 and needs no further aid. He, with his wife and two children live in, what fortunately he calls, a hut. Last 13 to 15 years of their deplorable existence, is reflected by a perusal of an uncontroverted photograph, which is Ext. P7 in this writ petition. The whole area is water-logged. What could be seen from Ext. P7 is never 'life' in terms of the constitutional aspirations of this socialist country. With that, the petitioner came to this Court in 2007 with this writ petition. Different suggestions and alternatives were put across and ultimately, the panchayat has come forward with the clear suggestion that on 11/07/2009, a sub committee has been constituted for redressal of the grievance of the petitioner and now the panchayat needs three months time more to find an alternate site, to be allotted to the petitioner.

(2.) Today, this Court closes for Onam holidays. The petitioner may also be dreaming of onam in his home. Fortunately, he would not try to have 'athapoo' since that will only float off. Ext. P7. in spires certain other thoughts also. If one had lived for 13 to 15 years that situation, he would have developed an amphibious bend of mind and living, since he has to be in the water and out of it. He has probably survived because of his inbuilt potentials as a fisherman. If there is any power in the Indian Constitution to provide aid to him, that should reach the petitioner through the necessary machineries of respondents without fail, at the earliest, at any rate, within a period of three months from now. There shall be no excuse to carry out this direction. Dictating this Judgment, just before rising of Court on this day, gives a spoon of satisfaction to this Court, of having been an instrument in trying to carry the constitutional entitlements of the petitioner to him, through the Indian Judiciary. Action taken in compliance of the directions herein shall be placed by the respondents in the form of a report to the Registrar General of this Court on or before the 3rd of December, 2009, without fail. This Court records its appreciation for the assistance given by the learned counsel for the petitioner appointed by the High Court Legal Service Authority and also for the learned counsel for the panchayat for the positive thinking applied to the facts of the case.