P.C.Muraleedharan vs State Of Kerala
2021 Latest Caselaw 11387 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9303 OF 2021(K)


PETITIONER:

               P.C.MURALEEDHARAN
               AGED 51 YEARS
               S/O. M.K.KUTTY SANKARA MENON, 'AMBILIKALA', MISSION
               QUARTERS ROAD, THRISSUR-688005.

               BY ADV. SRI.G.KRISHNAKUMAR

RESPONDENTS:

      1        STATE OF KERALA
               REP. BY IT'S CHIEF SECRETARY TO THE GOVERNMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        PRINCIPAL SECRETARY TO GOVERNMENT,
               REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      3        KERALA STATE DISASTER MANAGEMENT AUTHORITY,
               VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033, REP. BY
               ITS SECRETARY.

      4        THRISSUR DISTRICT DISASTER MANAGEMENT AUTHORITY,
               CIVIL STATION, THRISSUR-688001, REPRESENTED BY IT'S
               CHAIRMAN.

      5        DISTRICT COLLECTOR,
               CHAIRMAN- DISTRICT DISASTER PAYMENT AUTHORITY
               DISTRICT COLLECTOR, CIVIL STATION, THRISSUR-680003.

      6        INCIDENTAL COMMANDER (TAHASILDAR),
               TALUK OFFICE, THRISSUR-680020.

      7        THRISSUR MUNICIPAL CORPORATION,
               THRISSUR-688001, REP. BY IT'S SECRETARY.



               SMT.PRINCY XAVIER, GP,
               SRI.SANTHOSH P.PODUVAL.SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9303 OF 2021(K)

                                           2




                                     JUDGMENT

Dated this the 08th day of April 2021

The petitioner is challenging Ext.P17

order by which the petitioner has been

granted a sum of Rs.16,33,000/- towards

compensation due to the petitioner's

building which was taken over under the

Disaster Management Act. According to the

petitioner, the said determination was made

without notice to him and it is not in

accordance with relevant orders.

2. The learned Government Pleader

points out that proviso to Section 66

provides a remedy for the petitioner to

invoke arbitration proceedings by submitting

an application within a period of 30 days to

the State Government.

3. Therefore, the petitioner would be

free to approach the State Government in WP(C).No.9303 OF 2021(K)

accordance with proviso to Section 66 and

the competent authority would take

appropriate action in accordance with law as

expeditiously as possible.

The writ petition is accordingly

disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.9303 OF 2021(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.D2-

11069/2020 DATED 26.5.2020 OF THE 6TH RESPONDENT INCIDENTAL COMMANDER.

EXHIBIT P2 TRUE COPY OF THE G.O.(RT)NO.857/2020 H & FWD DATED 10.5.2020 ISSUED BY 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.CCC/A2/134/20 DATED 11.5.2020 ISSUED BY THE 5TH RESPONDENT CHAIRMAN.

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 26.5.2020 OF THE 7TH RESPONDENT CORPORATION TO THE 6TH RESPONDENT COMMANDER.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 22.6.2020 PREFERRED BY THE PETITIONER TO THE 5TH RESPONDENT CHAIRMAN.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 22.6.2020 PREFERRED BY THE PETITIONER TO THE 7TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 4.8.2020 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 4.8.2020 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 11.8.2020 PREFERRED BY THE PETITIONER TO THE 6TH RESPONDENT INCIDENTAL COMMANDANT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 24.8.2020 IN WP(C) NO.17542/2020 OF THIS HON'BLE COURT.

EXHIBIT P11 TRUE COPY OF THE COVERING LETTER DATED 2.9.2020 PREFERRED TO THE 6TH RESPONDENT, ALONG WITH EXHIBIT P10 JUDGMENT.

WP(C).No.9303 OF 2021(K)

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION NO.D2-

11069/2020 (2) DATED 11.9.2020 REQUESTED BY THE 6TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 11.9.2020 BY THE 6TH RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 23.9.2020 TO THE 5TH RESPONDENT CHAIRMAN OF DDMA, THRISSUR.

EXHIBIT P15 TRUE COPY OF THE PROCEEDING NO.D2-

11069/2020 DATED 12.2.2021 BY THE 6TH RESPONDENT INCIDENTAL COMMANDANT.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 25.2.2021 PREFERRED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE ORDER NO.DCTSR/5798/2020-K6 DATED 12.3.2021 BY THE 5TH RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE