M.N.Rajan vs The State Of Kerala
2021 Latest Caselaw 10732 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.6221 OF 2021(C)


PETITIONER:

               M.N.RAJAN
               AGED 57 YEARS
               S/O. NINAN, 'USHAS', ELAMANNOOR P. O., ELAMANNOOR,
               ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA
               DISTRICT - 691 524.

               BY ADVS.
               SRI.MANU RAMACHANDRAN
               SRI.M.KIRANLAL
               SRI.R.RAJESH (VARKALA)
               SRI.T.S.SARATH
               SHRI.SAMEER M NAIR

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
               001.

      2        THE DISTRICT COLLECTOR, PATHANAMTHITTA
               COLLECTORATE, PATHANAMTHITTA - 689 645.

      3        THE TAHASILDAR
               TALUK OFFICE, ADOOR, REVENUE TOWER, ADOOR,
               PATHANAMTHITTA DISTRICT - 691 523.

      4        THE DISTRICT MEDICAL OFFICER (HEALTH)
               OFFICE OF THE DISTRICT MEDICAL OFFICER,
               PATHANAMTHITTA - 689645.

      5        THE GRAMA PANCHAYAT OF ENADIMANGALAM
               ELAMANNOOR P. O., PATHANAMTHITTA DISTRICT - 691 524,
               REPRESENTED BY ITS SECRETARY.

      6        THE SECRETARY
               THE GRAMA PANCHAYAT OF ENADIMANGALAM, ELAMANNOOR P.
               O., PATHANAMTHITTA DISTRICT - 691 524.

      ADDL.R7 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
              PATHANAMTHITTA DISTRICT, COLLECTORATE,
 WP(C).No.6221 OF 2021(C)

                                 2

              PATHANAMTHITTA - 689 645, REPRESENTED BY ITS
              CHAIRMAN
              IS IMPLEADED AS ADDITIONAL RESPONDENT NO.7 IN THE
              WRIT PETITION AS PER ORDER DATED 30.03.2021 IN
              I.A.NOS.1 & 2 OF 2021



             SMT.PRINCY XAVIER, GP
             SRI.K.SHAJI, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6221 OF 2021(C)

                                  3




                              JUDGMENT

Dated this the 30th day of March 2021

The Morning Star Convention Centre owned by

the petitioner has been taken over under the

Disaster Management Authority Act for the purpose

of converting the same as a Covid First Line

Treatment Centre(CFLTC) as early as on 30.07.2020

as per Ext.P1 order. The petitioner points out

that the auditorium was never used for the

purpose for which it was taken over. On the

basis of the representations submitted by the

petitioner before the respondents for releasing

the building, the District Collector had passed

Ext.P6 order by which permission was granted for

releasing only a portion of the auditorium while

retaining the other side of the same for CFLTC.

The petitioner pointed out that, by retaining one

portion for the purpose of CFLTC, it will not be

possible for the petitioner to utilise the

auditorium as nobody will come forward to WP(C).No.6221 OF 2021(C)

participate in any program when part of the

building is being used for the purpose of CFLTC.

The petitioner pointed out that the Panchayath

had already recommended to release the auditorium

to the petitioner as it was never put in use as

CFLTC.

        2.   When        the       matter           came        up      for

   consideration,        the     learned          Government     Pleader

submitted that the building can be released only

on recommendations by the District Medical

Officer as well as the Local authority - Grama

panchayath.

3. The learned counsel appearing for the

Grama Panchayath also submitted that the

auditorium owned by the petitioner was never used

as CFLTC and there can not be any objection for

releasing the same. It was stated that the

Panchayath had already recommended to release the

building to the petitioner.

4. The learned Government Pleader on

instructions submitted that the DMO has also WP(C).No.6221 OF 2021(C)

recommended that the building should be released

to the petitioner.

5. As the petitioner points out that the

programs have been booked from first week of

April onwards, there shall be a direction to the

Chairman of the Disaster Management Authority,

the additional 7th respondent to pass orders in

the light of the recommendation made by the Grama

Panchayath as well as the DMO and to release the

auditorium to the petitioner within a week.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.6221 OF 2021(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LETTER NO.B2-

2870/20 DATED 01.08.2020 OF 6TH RESPONDENT TO THE PETITIONER ACCOMPANYING ORDER NO.DCPTA/1185/2020/DMS DATED 30.07.2020.

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 20.11.2020 PREFERRED BY THE PETITIONER BEFORE THE 6TH RESPONDENT PANCHAYAT SECRETARY.

EXHIBIT P3 THE TRUE COPY OF THE LETTER DATED 02.12.2020 PREFERRED BY THE PETITIONER TO 6TH RESPONDENT SEEKING TO RELEASE AUDITORIUM.

EXHIBIT P4 THE TRUE COPY OF THE LETTER NO.B3-

4822/20 DATED 02.12.2020 OF 6TH RESPONDENT - GRAMA PANCHAYAT SECRETARY TO 3RD RESPONDENT TAHASILDAR.

EXHIBIT P5 THE TRUE COPY OF THE FORWARDING LETTER VIDE NO.DM2-10532/20 DATED 04.12.2020 OF 3RD RESPONDENT- TAHASILDAR TO THE DISTRICT COLLECTOR.

EXHIBIT P6 THE TRUE COPY OF THE ORDER NO.DCPTA/1185/2020-DMS DATED 21.01.2021 OF THE DISTRICT COLLECTOR.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE