Suresh Kumar vs State Of Kerala
2021 Latest Caselaw 8507 Ker

WP(C).No.4766 OF 2021(U)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.4766 OF 2021(U)


PETITIONER/S:

      1         SURESH KUMAR
                AGED 52 YEARS
                S/O. SUKUMARAN, REVATHI, MANNADY P.O. MANNADY,
                ADOOR, PATHANAMTHITTA DISTRICT 691 530.

      2         BEENA KUMARI,
                AGED 49 YEARS
                W/O. SURESH KUMAR,
                REVATHI, MANNADY P.O. MANNADY, ADOOR,
                PATHANAMTHITTA DISTRICT 691 530.

                BY ADVS.
                SRI.D.KISHORE
                SMT.MEERA GOPINATH
                SRI.R.MURALEEKRISHNAN (MALAKKARA)

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2         THE KERALA STATE DISASTER MANAGEMENT AUTHORITY ,
                REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN P.O.
                OBSERVATORY HILLS, OPP. KANAKAKKUNNU PALACE,
                NANDANCODE, THIRUVANANTHAPURAM 695 033.

      3         THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
                REPRESENTED BY ITS CHAIRMAN (DISTRICT MAGISTRATE
                AND DISTRICT COLLECTOR), PATHANAMTHITTA,
                COLLECTORATE, PATHANAMTHITTA 689 645.

      4         THE CHAIRMAN,(DISTRICT MAGISTRATE AND DISTRICT
                COLLECTOR), DISTRICT DISASTER MANAGEMENT AUTHORITY,
                PATHANAMTHITTA COLLECTORATE,
                PATHANAMTHITTA 689 645.

      5         THE SECRETARY,
 WP(C).No.4766 OF 2021(U)
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             KADAMPANAD GRAMA PANCHAYAT, KADAMPANAD SOUTH P.O.
             PATHANAMTHITTA 691 553.

      6      THE DISTRICT MEDICAL OFFICER,
             (HEALTH), COLLECTORATE, PATHANAMTHITTA 689 645.


OTHER PRESENT:

             SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4766 OF 2021(U)
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                                    JUDGMENT

Dated this the 15th day of March 2021

'Revathy Auditorium' owned by the petitioners in

Pathanamthitta District was taken over as per Ext.P1 order dated

30.07.2020 for the purpose of setting up Covid First Line

Treatment Centre (CFLTC). The petitioners submit that though it

was taken over, it was not converted as CFLTC so far and the

respondents are not taking any steps for returning the same

also. The petitioners pointed out that the respondents do not

take any action for determining the rent/compensation payable to

the petitioners under Section 66 of the Disaster Management Act

also. It is stated that though the petitioners had submitted

representations like Exts.P4 to P9 before various authorities

requesting for releasing the building, so far no action is

taken.

2. The fact that the said building has not been actually

put in use as CFLTC is not disputed by the learned Government

Pleader. That be so there shall be a direction to respondents 3,

4 and 6 to take steps for releasing the building to the

petitioners and to give possession back to them after completing

the formalities for the same within a period of two weeks from

the date of receipt of a copy of this judgment. The 3rd

respondent shall also take steps for determining the WP(C).No.4766 OF 2021(U)

compensation due to the petitioners in accordance with the

provisions contained in Section 66 of the Disaster Management

Act thereafter within a further period of two months.

The Writ Petition is disposed of accordingly.

Sd/-

                                                   P.V.ASHA

rkc                                                 JUDGE
 WP(C).No.4766 OF 2021(U)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE    COPY     OF    THE    ORDER    NO.

DCPTA/1185/2020/DM5 DATED 30.7.2020 OF THE 4TH RESPONDENT ALONG WITH THE LIST OF CFLTCS.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO. A3-

3101/2020 DATED 8.8.2020 OF THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ARREAR DEMAND NOTICE DATED 27.1.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 24.11.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 30.11.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 30.11.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 3.12.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE HONOURABLE HEALTH MINISTER.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 1.1.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 12.2.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.