WP(C).16081/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 16081 OF 2021
PETITIONER/S:
CHIYYUR L.P. SCHOOL
VISHNUMANGALAM P.O, KALLACHI, KOZHIKODE - 673506,
REPRESENTED BY ITS MANAGER, KARTHIAYANI N.K, AGED
76 YEARS, W/O.C.KARUNAKARAN NAMBIAR, RESIDING AT
NANDANAM HOUSE, CHELAKKAD POST, KALLACHI VIA
KOZHIKKODE - 673506.
BY ADV U.BALAGANGADHARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF URBAN AFFAIRS
THIRUVANANTHAPURAM - 695001.
3 THE DISTRICT DISASTER MANAGEMENT AUTHORITY
(D.D.M.A)
AND DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE -
673001.
4 NADAPURAM GRAMA PANCHAYAT
NADAPURAM,. KOZHIKODE - 673504, REPRESENTED BY ITS
SECRETARY.
5 THE PRESIDENT
NADAPURAM GRAMA PANCHAYATH, NADAPURAM, KOZHIKODE -
673504.
6 THE REGIONAL TRANSPORT OFFICER
VADAKARA, MOTOR VEHICLES DEPARTMENT, KOZHIKODE -
WP(C).16081/21 2
673101.
BY ADVS.
K.R.AVINASH (KUNNATH)
U.P.BALAKRISHNAN
OTHER PRESENT:
GP AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).16081/21 3
V.G.ARUN, J.
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W.P(C).No. 16081 of 2021
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Dated this the 14th day of June, 2022
JUDGMENT
This writ petition is filed raising a complaint that, despite requisition of the petitioner's vehicle based on the orders of the 3 rd respondent-Disaster Management Authority, and putting the vehicle to use, the eligible compensation is not being disbursed. Learned Counsel for the petitioner relied on Section 66 of the Disaster Management Act to contend that the 3rd respondent is bound to effect the payment. It is also alleged that the vehicle sustained intensive damage while it was used by the respondents.
2. Learned Government Pleader submitted that the question of payment would arise only on the petitioner submitting the request for compensation within time and even then, final decision on the application should be left to the discretion of the authority.
3. Heard the learned Standing Counsel for the Panchayat also, who submitted that the petitioner's vehicle was requisitioned on the direction of the 3rd respondent.
4. Having heard the learned Counsel and having carefully perused Section 66 of the Disaster Management Act, the writ petition is disposed of directing the 3 rd respondent to consider the WP(C).16081/21 4 reply submitted by the petitioner and to pass appropriate orders on the petitioner's application, in terms of Section 66, within an outer limit of two months of receipt of a copy of this judgment. If dispute regarding the compensation for damages subsists after the decision rendered by the 3rd respondent, that can be raised before the Arbitrator in the manner provided under Section 66 of the Disaster Management Act.
Sd/-
V.G.ARUN, JUDGE vgs WP(C).16081/21 5 APPENDIX OF WP(C) 16081/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF REGISTRATION CERTIFICATE DATED 22.10.2019 ISSUED BY THE REGISTERING AUTHORITY VADAKARA.
Exhibit P2 A TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 3.5.2021.
Exhibit P3 A TRUE COPY OF THE ORDER DATED 6.5.2021 OF THE FOURTH RESPONDENT GRAMA PANCHAYATH. Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 6.5.2021 ISSUED BY THE 4TH RESPONDENT GRAMA PANCHAYATH.
Exhibit P5 A TRUE COPY OF THE LETTER OF THE PETITIONER TO THE 4TH RESPONDENT DATED 31.05.2021.
Exhibit P6 A TRUE COPY OF THE LETTER OF THE PETITIONER TO THE THIRD RESPONDENT DATED 5.6.2021.
Exhibit P7 A TRUE COPY OF THE LETTER OF THE PETITIONER TO THE THIRD RESPONDENT DATED 14.06.2021.
Exhibit P8 A TRUE COPY OF LETTER OF POPULAR MEGA MOTORS PVT.LTD DATED 26.07.2021.
Exhibit P10 A TRUE COPY OF THE INSURANCE SURVEYOR REPORT DATED 30.9.2021.
Exhibit P9 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 24.9.2021