Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943 WP(C) NO. 10720 OF 2021 PETITIONER: K.V.ACHUTHAN PROPRIETOR OF A V MANDIR KALLYANA MANDAPAM AND AUDITORIUM, NOORNAD P.O., ALAPPUZHA-690 504. BY ADVS. P.THOMAS GEEVERGHESE SRI.TONY THOMAS (INCHIPARAMBIL) SRI.E.S.FIROS SMT.AMRUTHA K.P. RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-695 001. 2 KERALA STATE DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER - THE CHIEF SECRETARY OF KERALA GOVERNMENT, OBSERVATORY HILLS, VIKAS BAHVAN P.O., THIRUVANANTHAPURAM-695 033. 3 ALAPPUZHA DISTRICT DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRPERSON - DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA-688 001. 4 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA-688 001. 5 PANCHAYAT SECRETARY, PALAMEL GRAMA PANCHAYATH, NOORANAD P.O., ALAPPUZHA-690 504. 6 VILLAGE OFFICER, PALAMEL VILLAGE OFFICE, NOORANAD P.O., ALAPPUZHA-690 504. 7 ASSISTANT ENGINEER, LSGD SECTION, PALAMEL GRAMA PANCHAYAT, NOORANAD P.O., ALAPPUZHA-690 504. BY ADVS. BRIJESH MOHAN R.RAJPRADEEP NANDU S KUMAR SMT.RASHMI K.M, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No.10720 of 2021 -------------------------------- Dated this the 17th day of November 2021
JUDGMENT
The above writ petition is filed with following prayers:
“a) Issue a writ of mandamus or other appropriate writ or order directing the respondents to pay adequate compensation to the petitioner under Section 66 of the Disaster Management Act, for requisitioning his auditorium (Building numbers 19/532, for six months, within a specific time frame. b) Issue such other appropriate writ, direction or order as deemed fit and proper by this Honourable Court in the interest of justice and equity.”
2. Petitioner is the owner of an
auditorium named “AV Mandir Kallyana Mandapam and Auditorium”. It is the case of the petitioner that the auditorium of the petitioner was taken over by the 3rd respondent for conducting Covid First Line Treatment Centre(CFLTC) under Sections 65, 34 and 26(2)
of the Disaster Management Act, 2005 on 28.07.2020. Ext.P2 is the order passed by the District Collector, Alappuzha. According to
the petitioner, the auditorium was used for a period of six months and returned the same on
28.12.2020. It is the case of the petitioner that, as per Section 66 of the Disaster Management Act, 2005, the respondents are
legally bound to pay rent and compensation to the owner of the property. However, the respondents have not even fixed the rent and compensation payable to the petitioner till date. Ext.P4 is the letter send by the 5th respondent in which it is stated that, once the rent is fixed by the 7th respondent, the amount due to the petitioner will be paid. Hence this writ petition is filed.
3. Heard the learned counsel for the petitioner, the learned Standing counsel for the Panchayat and the learned Government Pleader.
4. The learned counsel for the petitioner
reiterated his contentions in the writ petition. On the other hand, the learned Standing counsel for the 5th respondent
Panchayat submitted that, subsequent to Ext.P5, there is an instruction from the District Collector not to give any payment, if the auditorium is not used even though it is taken over. In such circumstances, the counsel submitted that, in the light of such an instruction, the Panchayat is not in a position to proceed further. The learned Government Pleader submitted that the 4th respondent took such a stand because of specific reasons.
5. In such circumstances, I don't want to make any observation about the merit of the case. It is an admitted fact that the auditorium of the petitioner was taken over as per Ext.P2 and the receipt of acceptance is
Ext.P3. It is also an admitted fact that, subsequently the auditorium was returned on 28.12.2020. Therefore, admittedly the petitioner was not in possession of the auditorium during the above period. Whether
any amount is to be paid for the same as per the Disaster Manangement Act is a matter to be decided by the 4th respondent. I think the petitioner can approach the 4th respondent with a representation narrating his grievance and the 4th respondent can be directed to consider the same after giving notice to the Panchayat also. Therefore, this writ petition is disposed of in the following manner:
(i) The petitioner is free to file a representation before the 4th respondent narrating his grievance within two weeks from the date of receipt of a copy of this judgment.
(ii) Once such a representation is
received, the 4th respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the 5th respondent Panchayat.
(iii) The above exercise should be
completed by the 4th respondent, as expeditiously as possible, at any rate within one month from the date on which the representation is received. Sd/- P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 10720/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PROPERTY TAX RECEIPT NO.9939983 ISSUED BY PALAMEL GRAMA PANCHAYAT FOR BUILDING NO.19/532. EXHIBIT P1 A TRUE COPY OF PROPERTY TAX RECEIPT NO.9939985 ISSUED BY PALAMEL GRAMA PANCHAYAT FOR BUILDING NO.19/534. EXHIBIT P1 B TRUE COPY OF PROPERTY TAX RECEIPT NO.9939990 ISSUED BY PALAMEL GRAMA PANCHAYAT FOR BUILDING NO.19/540. EXHIBIT P2 TRUE COPY OF LETTER DATED 27.07.2020 ISSUED BY THE DISTRICT COLLECTOR ALAPUZHA IN FILE NO.DMC5-5935/2020. EXHIBIT P3 TRUE COPY OF POSSESSION RECEIPT
ISSUED BY THE VILLAGE OFFICER, PALAMEL, COUNTER SIGNED BY PANCHAYAT SECRETARY, PALAMEL DATED 28.07.2020. EXHIBIT P4 TRUE COPY OF REPLY DATED 30.01.2021 IN FILE C2-782/2021 ISSUED BY SECRETARY, PALAMEL GRAMA PANCHAYAT. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE