Kerala High Court
The District Collector vs District Legal Service Authority on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
WA NO. 908 OF 2021
AGAINST JUDGMENT DATED 22.12.2020 IN WP(C) 7250/2014 OF THIS COURT.
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APPELLANT/PETITIONER IN W.P.(C):
THE DISTRICT COLLECTOR, ALAPPUZHA.
BY SRI.P.HARISH, SENIOR GOVERNMENT PLEADER
RESPONDENTS/RESPONDENTS 1 TO 4 IN W.P.(C):
1.DISTRICT LEGAL SERVICE AUTHORITY, ALAPPUZHA,
REPRESENTED BY THE SECRETARY OF THE LEGAL SERVICE AUTHORITY,
ALAPPUZHA PIN-688 001.
2.VIJAYAKUMARI, W/O. SIVADAS, VAZHITHALACKAL, NR. AYYANKALI JN,
AVALOOKUNNU P.O, ALAPPUZHA, PIN-688 006.
3.SIVAPRIYA.V.S, D/O. SIVADAS, VAZHITHALACKAL, NR. AYYANKALI JN,
AVALOOKUNNU P.O, ALAPPUZHA PIN-688 006.
4.SIVAPREETHA, D/O. SIVADAS, VAZHITHALACKAL, NR. AYYANKALI JN,
AVALOOKUNNU P.O., ALAPPUZHA, PIN-688 006.
BY ADV.SRI.ANEESH K.S.FOR R1
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of Exhibit P1 order of the District Legal Service
Authority Order No.01/2013/DLSA dated 07.10.2013 pending disposal of this
Writ Appeal.
This Writ appeal coming on for orders on 07.09.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P1:COPY OF THE ORDER PASSED BY THE DISTRICT LEGAL SERVICE
AUTHORITY, ALAPPUZHA DATED 07.10.13.
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
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W. A. No. 908 of 2021
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Dated this the 7th day of September, 2021
ORDER
S. Manikumar, C. J.
Though by inviting the attention of this Court to sub clause (11)
of Section 5 of the Kerala Victim Compensation Scheme, 2014, Mr. K.
P. Harish, learned Senior Government Pleader, submitted that the
cases covered under the Motor Vehicles Act, 1988 (Central Act 59 of
1988), wherein compensation has to be awarded by the Motor
Accident Claims Tribunal, shall not be covered under the Scheme, but
then the writ court solely relying on clause (9) of the said Scheme,
which deals with limitation, has issued certain directions, and further
submitted that the writ court has failed to consider the exclusion
clause, going through the averments made in the writ petition, grounds
and the prayers sought for, we are of the view that the writ petitioner,
did not raise any specific contention of exclusion of the cases arising
out of the Motor Vehicles Act, 1988, before the writ court, but appears
W. A. 908 of 2021
to have contended on the retrospective or prospective operation of
Section 357A(4) of the Code of Criminal Procedure, 1973.
2. In support of his contention, though Mr. K. P. Harish, learned
Senior Government Pleader for the appellant / petitioner, also invited
the attention of this Court to the report of the learned Amicus Curiae,
perusal of the same, in particular paragraph No. 14, also does not
indicate that the learned Amicus Curiae also raised an issue of
exclusion of the applicability of the Scheme framed under Section
359A(4) of the Code of Criminal Procedure, 1973, to accident victims,
where there is a provision for payment of compensation under the
Motor Vehicles Act, 1988.
3. When attention of the above was brought to the notice of the
learned Senior Government Pleader, he seeks time to amend the
averments and prayer made in the writ petition.
4. Mr. Aneesh K. S., learned counsel for the District Legal
Service Authority, Alappuzha, seeks time.
On the basis of the averments and the grounds raised in the writ
W. A. 908 of 2021
petition, prima facie, we are of the view that the learned Single Judge
has not committed any error.
Post on 22.09.2021.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
07-09-2021 /True Copy/ Assistant Registrar
