Mathew Sam Mathai vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 21, 2022

~3 min read

https://sooperkanoon.com/case/1500955

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1500955
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Jun 21, 2022
Case Number: WP(C)/18154/2021

Parties & Advocates

Appellant / Petitioner

Mathew Sam Mathai

Respondent

State of Kerala

Excerpt

.....counsel for the petitioner submits that the tourist home was a running establishment, generating good income and the petitioner sustained huge monetary loss due to the take over.3. learned government pleader submitted that,even though petitioner’s tourist home was taken over, during the period 18.04.2020 to 28.09.2020 no covid patient was lodged in the building. therefore, the authority is under no obligation to compensate the petitioner. it is pointed out that under section 66 of the diaster management act, 2005, when compensation is disputed or declined, the arbitrator under the act has to be approached. therefore, the petitioner’s claim for compensation can only be considered by the district collector, in his capacity as the arbitrator. accordingly, the writ petition is disposed of as under:- the petitioner shall file a proper application within three weeks, containing the details with respect to the compensation claimed by him. if the application is filed within the above time limit, the second respondent shall consider the same and pass appropriate orders thereon within six weeks. if the petitioner is found eligible for the compensation, the amount due to him shall be paid within two months of the decision. sd/- v.g.arun judge rk appendix of wp(c) 18154/2022 petitioner exhibits exhibit p1 true copy of the communication no.g.1 - dated 24.04.2020 exhibit p2 true copy of the communication no.g.1- dated 28.09.2020 exhibit p3 true copy of the g.o.(ms) no:21/2020/dmd dated 25.06.2020 exhibit p4 true copy of the g.o.(ms) no:22/2020/dmd dated 26.06.2020 exhibit p5 true copy of the copy of the lawyer’s notice issued under instructions from the petitioner to the 4th respondent herein dated 10.08.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944 PETITIONER/S: MATHEW SAM MATHAI AGED 31 YEARS, S/O LATE SAM MATHAI, NOBLE VILLA, AYLARA P.O. YEROOR, KOLLAM - 691312 BY ADVS. UNNI SEBASTIAN KAPPEN SHRI.T.B.HOOD, SPL.G.P. TO A.G. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM -
2 THE DISTRICT COLLECTOR, (CHAIRMAN-DISASTER MANAGEMENT AUTHORITY) DISTRICT COLLECTOR OFFICE, CIVIL STATION, KOLLAM - 3 THE CHIEF EXECUTIVE OFFICER DISASTER MANAGEMENT AUTHORITY, DISTRICT COLLECTOR OFFICE, CIVIL STATION, KOLLAM - 691013 4 TALUK TAHSILDAR, PUNALUR TALUK, TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, KOLLAM - 691305 OTHER PRESENT: GP P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 21st day of June, 2022 The petitioner is running a tourist home by the side of the Anjal - Punalur road in Kollam District. The tourist home was requisitioned by the Diaster Management Authority as a first line Covid treatment centre from 18.04.2020 onwards and returned to the petitioner’s custody on 28.09.2020. The petitioner is seeking compensation for the loss sustained during the period when the tourist home was taken over.

2. Learned Counsel for the petitioner submits that the tourist home was a running establishment, generating good income and the petitioner sustained huge monetary loss due to the take over.

3. Learned Government Pleader submitted that,

even though petitioner’s tourist home was taken over, during the period 18.04.2020 to 28.09.2020 no covid patient was lodged in the building. Therefore, the authority is under no obligation to compensate the petitioner. It is pointed out that under Section 66 of the Diaster Management Act, 2005, when compensation is disputed or declined, the arbitrator under the Act has to be approached. Therefore, the petitioner’s claim for compensation can only be considered by the District Collector, in his capacity as the arbitrator. Accordingly, the Writ Petition is disposed of as under:- The petitioner shall file a proper application within three weeks, containing the details with respect to the compensation claimed by him. If the application is filed within the above time limit, the second respondent shall consider the same and pass appropriate orders thereon within six weeks. If the petitioner is found eligible for the compensation, the amount due to him shall be paid within two months of the decision. Sd/- V.G.ARUN JUDGE RK APPENDIX OF WP(C) 18154/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION NO.G.1 - DATED 24.04.2020 Exhibit P2 TRUE COPY OF THE COMMUNICATION NO.G.1- DATED 28.09.2020 Exhibit P3 TRUE COPY OF THE G.O.(MS) NO:21/2020/DMD DATED 25.06.2020 Exhibit P4 TRUE COPY OF THE G.O.(MS) NO:22/2020/DMD DATED 26.06.2020 Exhibit P5 TRUE COPY OF THE COPY OF THE LAWYER’S NOTICE ISSUED UNDER INSTRUCTIONS FROM THE PETITIONER TO THE 4TH RESPONDENT HEREIN DATED 10.08.2021

Same Court & Year Kerala · 2022 Same Parties Mathew Sam Mathai vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun

Government pleader Chief Executive With respect to high court True copy H Res E la