Kerala High Court
Malabar And Poineer Hosiery (P) ... vs The District Collector Of ... on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF FEBRUARY 2022/5TH PHALGUNA, 1943
WP(C) NO. 26326 OF 2021
PETITIONER:
M/S.MALABAR AND POINEER HOSIERY (P) LTD.,
16/937, KALLAI ROAD, CALICUT-673 002
REPRESENTED BY ITS AUTHORIZED DIRECTOR,
K.RAGHUNATH.
BY ADV BIJU ABRAHAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR OF KOZHIKODE,
CIVIL STATION, MALAPARAMBA-673 020.
2 THE MEMBER SECRETARY,
KERALA STATE DISASTER MANAGEMENT AUTHORITY,
OBSERVATORY HILLS, VIKAS BHAVAN P.O.,
OPPOSITE KANAKAKKUNNU PALACE,
NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM-695 033.
SMT.PARVATHY KOTTOL, G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.26326/2021
2
JUDGMENT
Dated this the 24th day of February, 2022
The petitioner-Company, which owns Sumangali
Kalyana Mandapam, Panniyankara in Kozhikode
Corporation, is before this Court seeking to command the
respondents to intimate the petitioner the amount of
compensation proposed to be paid to it under Section 66 of
the Disaster Management Act, with details of the breakup
of the amount proposed to be given for the buildings, the
land and the amenities detailed.
2. The petitioner is a Private Limited Company.
The petitioner was in possession of premises, buildings
and amenities attached in the name Sumangali Kalyana
Mandapam. The 1st respondent-District Collector invoked
the provisions of the Disaster Management Act and took
over the said Kalyana Mandapam as per Ext.P1 dated
WP(C) No.26326/2021
19.09.2020.
3. The petitioner as per Ext.P3 notice requested
the respondents to inform them the amount of
compensation proposed to be paid. There was no
response from the respondents. Hence, the petitioner is
before this Court seeking to command the respondents to
intimate the petitioner the amount of compensation
proposed to be paid.
4. The learned Government Pleader submitted that
the building of the petitioner was, in fact, taken over in the
backdrop of Covid-19 pandemic. However, subsequently,
when the requirement was over, possession of the building
was given back to the petitioner. The respondents are
processing the claim for compensation of the buildings and
other amenities taken over, for the purpose of combating
Covid-19 and the computation of compensation would take
some time. The Government Pleader submitted that as
per the requirement, the Executive Engineer, PWD
WP(C) No.26326/2021
Buildings, will have to first assess the rent as far as the
auditorium building is concerned. The respondents are
processing the claim and the payment will be made without
much delay.
5. I have heard the learned counsel for the
petitioner and the learned Government Pleader.
6. The fact that the auditorium and amenities
owned by the petitioner were taken over by the
respondents for the purpose of combating Covid-19
pandemic is not in dispute. The petitioner also submits
that the possession of the building was given back to the
petitioner recently. Now, compensation has to be paid to
the petitioner. The claim of the petitioner is under process
even according to the respondents. This Court is of the
opinion that as the building and amenities of the petitioner
were used by the respondents, payments due as
compensation cannot be indefinitely delayed.
WP(C) No.26326/2021
In the circumstances, the writ petition is disposed of
directing the respondents to compute and pay the amount
found due to the petitioner within a period of one month.
Sd/-
N. NAGARESH
JUDGE
ncd/24.02.2022
WP(C) No.26326/2021
APPENDIX OF WP(C) 26326/2021
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED
19.09.2020 OF THE 1ST RESPONDENT
UNDER THE DISASTER MANAGEMENT ACT.
Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT FROM
THE VILLAGE OFFICER, DATED
21.09.2020
Exhibit P3 A TRUE COPY OF THE NOTICE DATED
01.11.2021 ISSUED BY THE PETITIONER
TO THE RESPONDENTS THROUGH HIS
LAWYER.
