Sreekrishna College Of Pharmacy ... vs The Chair Person
2021 Latest Caselaw 13047 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                       PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
       FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                             WP(C) NO. 11349 OF 2021
PETITIONER/S:

                  SREEKRISHNA COLLEGE OF PHARMACY AND RESEARCH CENTRE
                  REPRESENTED BY BY CHAIRMAN,
                  NEAR RAILWAY STATION,
                  PARASSALA,
                  TRIVANDRUM-695502.
                  BY ADV PRAVEEN VYASAN (P-200)-19226


RESPONDENT/S:

       1          THE CHAIR PERSON
                  DISTRICT DISASTER MANAGEMENT AUTHORITY, TRIVANDRUM,
                  CIVIL STATION, KUDAPANAKKUNNU, TRIVANDRUM-695043.
       2          THE COMMISSIONER
                  DISASTER MANAGEMENT,
                  KSDMA, OBSERVATORY HILLS,
                  VIKAS BHAVAN P.O,
                  TRIVANDRUM-695033
       3          THE PRINCIPAL SECRETARY
                  REVENUE AND DISASTER MANAGEMENT, GOVERNMENT OF
                  KERALA, SECRETARIAT, TRIVANDRUM-695001.
       4          THE SECRETARY
                  PARASSALA GRAMA PANCHAYATH, PARASSALA, TRIVANDRUM-
                  695502.
       5          THE DEPUTY COLLECTOR(DISASTER MANAGEMENT)
                  CIVIL STATION, KUDAPANAKKUNNU, TRIVANDRUM-695043.
                  BY ADVS.
                  R.T.PRADEEP
                  K.C.HARISH


OTHER PRESENT:

                  GP PRINCY XAVIER

THIS       WRIT   PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON

18.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)    No.11349 of 2021
                                   2



                            JUDGMENT

Dated this the 18th day of June, 2021

At the request of Parassala Panchayat, the

hostels attached to the petitioner's educational

institution and its premises was requisitioned by

the District Disaster Management Authority on

24.05.2021. The property was taken over for

setting up a Covid First Line Treatment Centre.

After taking over the property, nothing further

was done by the Panchayat.

2. The petitioner would submit that the

exams for all courses are due to commence from

21.06.2021 onwards and unless the hostels and the

College premises are returned to the petitioner's

possession forthwith, the future of the students

will be at stake.

      3.    Learned       Counsel        for    the     Panchayat
 W.P.(C)     No.11349 of 2021




submits      that     at    present       the     premises      and    the

hostel are not required, since a Domiciliary Care

Centre is functioning within the Panchayat.

Hence, the Panchayat has no objection in the

premises and the hostel being returned to the

petitioner's possession.

4. Learned Government Pleader submits, on

instructions that, the Panchayat has communicated

its no objection to the District Disaster

Management Authority and therefore, the hostel and

premises can be returned, subject to the condition

that the petitioner will make it available as

and when requested by the Panchayat.

Having heard the respective Counsel, I deem it

appropriate to dispose of the writ petition

directing the Panchayat to return the key of the

hostels and to handover possession of the premises

of the College to the petitioner forthwith, so W.P.(C) No.11349 of 2021

that necessary arrangements can be made for

conduct of examinations from 21.06.2021 onwards.

Learned Counsel for the petitioner undertakes

to hand over possession of the hostel and the

premises as and when requested by the Panchayat.

Sd/-

V.G.ARUN JUDGE Scl/18.06.2021 W.P.(C) No.11349 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1: TRUE COPY OF THE LIST OF EXAMS

EXHIBIT P2: TRUE COPY OF THE REQUISITIONING ORDER DATED 30.06.2020 BY THE 1ST RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE PETITION FILED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 13.5.2021.