Sri Inbasekar K vs. State of Kerala
DATE OF ORDER:
25th September, 2023
Justice Devan Ramachandran
Petitioner: Sri Inabsekar K, IAS, District Collector, Kasargod
Defendant: State Government of Kerala
The Kerala High Court’s (hereinafter referred to as the court) determination to expedite the process of providing 36 families with houses, emphasizing the families’ suffering, the need for swift action, and a directive for the district collector to ensure the completion of necessary work on the houses.
- The Constitution of India:-
- Article 21:-
Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.
The case pertains to the need for housing solutions for 36 families in the Kasargod District, who have faced prolonged sufferings due to delays in the utilization of constructed houses. The writ petition has been pending before the court from three years. The primary parties involved in this case are the District Collector, the Government, represented by the Government Pleader and the petitioner, represented by a legal counsel.
ARGUMENTS ADVANCED BY THE PETITIONER:-
- He further raised his contention 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”.
- He also asserted 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 also made available an estimate, prepared by the Public Works Department (PWD)”.
ARGUMENTS ADVANCED BY THE RESPONDENTS:-
The learned pleader of the respondents, Sri Sunil Kumar Kuriakose affirmed that, “If the houses are repaired and maintained, it can be handed over to the 36 beneficiaries without delay”.
Secondly, he contended 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 find any difficulty, they can discuss the same to the District Collector, who then can take necessary actions”.
The court, considering the willingness of the petitioner to undertake necessary repairs and analyzing the need to provide housing to the 36 families gave the following orders:-
- The District Collector and the petitioner must meet on 27th September at 11:00 a.m., in order to complete the maintenance work on the houses promptly.
- The work must be finalized till 15th October, 2023 so that the families could move in safe and comfortable homes.
- The District Collector has to report the progress to the court. He is also directed to appear physically on the next hearing, which is scheduled on 4th of the following month, to ensure his compliance with this directive.
The order of the court demonstrates a strong commitment in addressing the urgent housing needs of the 36 families in Kasargod district. The court acknowledges the suffering of these families and the importance of providing the safe and comfortable homes to them. Thus, this decision of the court reflects a proactive approach in resolving a pressing social issue through legal means, while emphasising the importance of collaboration and accountability among the involved parties. It places the well-being of the affected families at the forefront. Thus, it emphasizes the importance of timely and compassionate action in resolving a humanitarian crisis in a very efficient way.