R.Rajalakshmi vs State Of Kerala
2022 Latest Caselaw 35 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
                        WP(C) NO. 28496 OF 2021
PETITIONER:

            R.RAJALAKSHMI
            AGED 42 YEARS
            PROPRIETRIX,
            HOTEL ARYAAS RESIDENCY, OPP.BOAT JETTY, FINISHING POINT
            ROAD, THATHAMPALLY P O, ALAPPUZHA-688013.
            BY ADVS.
            VINEETH KOMALACHANDRAN
            KALLIYANI KRISHNA B.
            UTHARA ASOKAN
            M.RAJEEV


RESPONDENTS:

    1       STATE OF KERALA
            DISASTER MANAGEMENT DEPARTMENT, REPRESENTED BY ITS
            PRINCIPAL. SECRETARY, REVENUE AND DISASTER MANAGEMENT,
            STATE RELIEF COMMISSIONER AND CONVENER, KERALA STATE
            DISASTER MANAGEMENT AUTHORITY, SECRETARIAT,
            PALAYAM P.O, THIRUVANANTHAPURAM-695001.
    2       KERALA STATE DISASTER MANAGEMENT AUTHORITY
            REPRESENTED BY ITS MEMBER SECRETARY, OBSRVATORY HILLS,
            VIKAS BHAVAN P O, THIRUVANANTHAPURAM, KERALA-695033.
    3       THE DISTRICT COLLECTOR AND CHAIRMAN
            DISASTER MANAGEMENT AUTHORITY,
            CIVIL STATION, ALAPPUZHA BAZAR P O, ALAPPUZHA-688012.
    4       ALAPPUZHA MUNICIPALITY
            REPRESENTED BY ITS MUNICIPAL SECRETARY, CCSB ROAD,
            KODIVEEDU P O, ALAPPUZHA-688001.
    5       THE TAHSILDAR,
            (TALUK INCIDENT COMMANDER), AMBALAPUZHA TALUK, TALUK
            OFFICE, AMBALAPPUZHA, ALAPPUZHA-688524.
    6       THE ASSISTANT ENGINEER
 W.P.(C)No.28496/2021
                           2

         ELECTRICAL SECTION, KERALA STATE
         ELECTRICITY BOARD LTD,
         VYDYUTHI BHAVAN, ALAPPUZHA NORTH P O,
         NEAR SHAVAKOTTA BRIDGE,
         ALAPPUZHA-688007.
         BY ADV K.JANARDHANA SHENOY


         SRI.R.AZAD BABU, SC,
         SRI.RAJEEV JYOTHISH GEORGE, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.28496/2021
                                        3


            P.V.KUNHIKRISHNAN, J
         -------------------------------------
           W.P.(C)No.28496 of 2021
         -------------------------------------
    Dated this the 3rd day of January, 2022

                            JUDGMENT

The above writ petition is filed with following

prayers:

"(i) Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 5 to pay the monthly rent payable by the petitioner to her landlords at the rate of Rs.2,10,000/- w.e.f. 21.03.2020 until the building is restored to the petitioner in the good condition in which it was taken over from the petitioner by the 3rd respondent;

(ii) Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 5 to disburse the compensation amount of Rs.7,48,425/- quantified in Ext.P9 along with the compensation in respect of the loss sustained to electrical equipments and air conditioners after quantifying the said damages by a competent authority;

(iii) Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 5 to handover possession of the hotel building and premises to the petitioner in good condition forthwith;

(iv) Issue a writ of mandamus or other W.P.(C)No.28496/2021

appropriate writ or order directing the respondents 1 to 6 to grant exemption from payment of electrical energy charges payable by the petitioner as demanded in Exts.P4, P5, P5(a) and P5(b) and restore the electricity connection to the said building;

(v) Issue a writ of mandamus or other appropriate writ or order directing the 3 rd respondent to dispose of Exts.P6 and P6(a) representations keeping in mind the statutory provisions contained in the Disaster Management Act and Ext.P9 report within a short time being fixed by this Hon'ble Court;

(vi) Grant such other orders or reliefs as may be deemed necessary in the facts and circumstances of this case and in the interest of justice."

2. The petitioner is aggrieved because of the

alleged attitude on the part of the respondents in the

matter of disbursing the rental, maintenance charges

and damages payable to the petitioner with respect

to her building which was taken over by the

respondents under the provisions of the Disaster

Management Act, 2005, to provide isolation wards

and quarantine centers for persons returning from

abroad and from other States. It is the grievance of

the petitioner that there is refusal on the part of the W.P.(C)No.28496/2021

respondents to surrender back the premises to the

petitioner in good condition in which it was taken

from the petitioner. The petitioner relied on Ext.P9

letter from the 4th respondent in which certain

amount is assessed as damages. The grievance of

the petitioner is that no consequential steps are

taken by the authorities based on Ext.P9.

3. Heard the learned counsel for the

petitioner, the learned Standing counsel for the 4 th

respondent Municipality and the learned

Government Pleader.

4. The learned counsel for the petitioner

reiterated his contentions in the writ petition. The

learned counsel takes me through Ext.P9 notice

issued by the 4th respondent Municipality. The

learned counsel submitted that, even after Ext.P9, no

steps are taken by the authority concerned. On the

other hand, the learned Government Pleader

submitted that the rent amount payable to the

petitioner is already paid. The learned Government W.P.(C)No.28496/2021

Pleader takes me through Ext.P3(a), which is a

Government Order fixing the financial support to the

accommodation units. According to the learned

Government Pleader, the amount due as per

Ext.P3(a) is already paid. On the other hand the

learned counsel for the petitioner submitted that,

even the admitted amount as per Ext.P3(a) is paid

only up to 20.10.2021.

5. This Court is not in a position to decide this

matter because there is dispute regarding the

amount due to the petitioner. I perused Ext.P9. It

will be better to extract the contents in Ext.P9 (a).

"ആലപ്പുഴ നഗരസഭ ജജിലല്ലാകകല്ലാടതജി വല്ലാർഡജിലല ആരരല്ലാസസ ലറെസജിഡൻസജി എന്ന സജി.സജി.സജി. ആയജി പ്രവർതജിചജിരുന്ന തല്ലാങ്കളുലട സല്ലാപനതജിനസ അമ്പലപ്പുഴ തഹസജിൽദല്ലാരുലട ഡജി.എഎ .സജി.4576/20 നമ്പർ 11/08/2020, 19/01/2020 തതീയതജികളജിലല ഉതരവുകൾ പ്രകല്ലാരഎ വല്ലാടകയജിനതജിൽ യഥല്ലാക്രമഎ 353500/- രൂപ, 304500/- രൂപ അനുവദജിചജിരുന. തല്ലാങ്കളുലട സല്ലാപനതജിനസ സജി.സജി.സജി. ആയജി പ്രവർതജിചജിരുന്ന കല്ലാലയളവജിൽ ഉണല്ലായ നല്ലാശനഷ്ടങൾ കണകല്ലാകജി സജിവജിൽ വർക്കുകൾകല്ലായജി 556600/- രൂപയുലടയുഎ, ലബെഡസ, ലബെഡസ ഷതീറ്റുകൾ കർട്ടനുകൾ തുടങജിയവയസ 191825/- രൂപയുലടയുഎ നല്ലാശനഷ്ടഎ തജിട്ടലപ്പെടുതജി ആയതസ പരജിഹരജിക്കുന്നതജിനസ ആവശരമല്ലായ W.P.(C)No.28496/2021

തുക നൽകുന്നതജിനസ ബെഹ.ജജിലല്ലാ കളകർകസ നല്ലാശ നഷ്ടസടഎ സഎബെനജിച റെജികപ്പെല്ലാർട്ടസ എസജികമറസ സഹജിതഎ കതസ നൽകജിയജിട്ടുണസ. ടജി കതജിലന്റെ കകല്ലാപ്പെജി ഇകതല്ലാലടല്ലാപ്പെഎ അയക്കുന."

6. No consequential steps are taken after

Ext.P9(a), is the grievance of the petitioner. If that is

the case, there can be a direction to the 3 rd

respondent to consider Ext.P9(a) and pass an

appropriate order in accordance to law, after giving

an opportunity of hearing to the petitioner. The 3 rd

respondent can consider Exts.P6 and P6(a)

representations also in the light of Ext.P9(a).

Therefore, this writ petition is disposed of in the

following manner:

i) The 3rd respondent is directed to consider

Ext.P6 and P6(a) representations.

ii) While considering the representations, the

3rd respondent will consider the findings of the 4 th

respondent Municipality in Ext.P9(a) also.

iii) The above exercise should be completed

by the 3rd respondent, as expeditiously as possible, at W.P.(C)No.28496/2021

any rate, within six weeks from the date of receipt of

a copy of the judgment.

iv) Based on the order to be passed by the 3 rd

respondent, if any amount is due to the petitioner,

the same should be paid to the petitioner forthwith.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM W.P.(C)No.28496/2021

APPENDIX OF WP(C) 28496/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LEASE DEED.

EXHIBIT P2         TRUE COPY OF THE LETTER GIVEN BY
                   THE    PETITIONER    TO   THE   3RD
                   RESPONDENT        SHOWING       HER

WILLINGNESS/ACCEPTANCE TO SURRENDER HER HOTEL PREMISES FOR COVID -19 CARE CENTRE.

EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER G O (MS) NO.21/2020/DMD.

EXHIBIT P3(A) TRUE COPY OF THE GOVERNMENT ORDER GO (MS) NO.22/2020/MMD.

EXHIBIT P4 TRUE COPY OF THE ELECTRICITY BILLS. EXHIBIT P5 TRUE COPY OF THE ELECTRICITY DISCONNECTION NOTICE GIVEN TO THE LANDOWNERS.

EXHIBIT P5(A) TRUE COPY OF THE ELECTRICITY DISCONNECTION NOTICE GIVEN TO THE LANDOWNERS.

EXHIBIT P5(B) TRUE COPY OF THE ELECTRICITY DISCONNECTION NOTICE GIVEN TO THE LANDOWNERS.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER.

EXHIBIT P6(A) TRUE COPY OF THE REMINDER. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION. EXHIBIT P8 TRUE COPY OF THE REMINDER TO THE CHIEF MINISTER'S OFFICE VIA E-MAIL. EXHIBIT P9 TRUE COPY OF THE REPORT. EXHIBIT P9(A) TRUE COPY OF THE INTIMATION.

RESPONDENTS EXHIBITS : NIL
   //TRUE COPY//                        PA TO JUDGE