Ahamad A.K vs State Of Kerala
2021 Latest Caselaw 3095 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.2169 OF 2021(U)


PETITIONER:

               AHAMAD A.K.
               AGED 49 YEARS
               S/O KUNHAHAMMED,ATHIKKAVIL HOUSE,
               THEKKUMPURAM,PALLIKKAL,KUMMINIPARAMBA,
               MALAPPURAM-673638.

               BY ADV. SRI.P.E.SAJAL

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,DISASTER
               MANAGEMENT(A)DEPARTMENT,
               SECRETARIAT,THIRUVANANTHAPURAM-695001.

      2        CHAIRMAN,DISASTER MANAGEMENT AUTHORITY,
               DISTRICT COLLECTOR,MALAPPURAM,
               CIVIL STATION,MALAPPURAM-676505.

      3        KONDOTTY MUNICIPALITY,
               REPRESENTED BY ITS SECRETARY,
               MUNICIPAL OFFICE,KONDOTTY,
               MALAPPURAM-673638.

      4        THE TAHSILDAR,
               KONDOTTY TALUK,TALUK OFFICE,
               KONDOTTY,MALAPPPURAM-673638.



               SMT.PRINCY XAVIER, GP,SRI.K.A.JALEEL,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2169 OF 2021(U)

                                        2




                                  JUDGMENT

Dated this the 28th day of January 2021

The petitioner is aggrieved by a quantum of

compensation granted to him in Ext.P5 order by

the second respondent towards the tourist home

which was taken over by the second respondent

for the purpose of providing quarantine

facility to Keralites coming from other states.

2. The learned Government Pleader points

out that Ext.P5 order passed after affording an

opportunity of hearing to the petitioner on the

basis of Ext.P3 judgment of this Court in

WP(C)No.23092 of 2020. It is also pointed out

that there is a provision for resorting to

arbitration for the petitioner under the

proviso to Section 66(1) of the Disaster WP(C).No.2169 OF 2021(U)

Management Act, 2005. The petitioner is

therefore, free to resort to the said remedy.

The writ petition is disposed of as above.

Sd/-

P.V.ASHA JUDGE

AJ/28.01.2021 WP(C).No.2169 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.DCMPM/1734/2020-

DM1 DATED 5-5-2020.

EXHIBIT P2 TRUE COPY OF THE G.O.(MS)N0.22/2020/DMD DATED 26.6.2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C)23092/2020 DATED 28.10.2020.

EXHIBIT P4 TRUE COPY OF THE HEARING NOTICE DATED 30.11.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 21.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 15.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.