Chiyyur L.P. School vs State Of Kerala
2022 Latest Caselaw 6912 Ker

  WP(C).16081/21                     1




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
   TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 16081 OF 2021
PETITIONER/S:

            CHIYYUR L.P. SCHOOL
            VISHNUMANGALAM P.O, KALLACHI, KOZHIKODE - 673506,
            REPRESENTED BY ITS MANAGER, KARTHIAYANI N.K, AGED
            76 YEARS, W/O.C.KARUNAKARAN NAMBIAR, RESIDING AT
            NANDANAM HOUSE, CHELAKKAD POST, KALLACHI VIA
            KOZHIKKODE - 673506.

            BY ADV U.BALAGANGADHARAN



RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695001.

     2      THE DIRECTOR OF URBAN AFFAIRS
            THIRUVANANTHAPURAM - 695001.

     3      THE DISTRICT DISASTER MANAGEMENT AUTHORITY
            (D.D.M.A)
            AND DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE -
            673001.

     4      NADAPURAM GRAMA PANCHAYAT
            NADAPURAM,. KOZHIKODE - 673504, REPRESENTED BY ITS
            SECRETARY.

     5      THE PRESIDENT
            NADAPURAM GRAMA PANCHAYATH, NADAPURAM, KOZHIKODE -
            673504.

     6      THE REGIONAL TRANSPORT OFFICER
            VADAKARA, MOTOR VEHICLES DEPARTMENT, KOZHIKODE -
   WP(C).16081/21                    2

            673101.

            BY ADVS.
            K.R.AVINASH (KUNNATH)
            U.P.BALAKRISHNAN



OTHER PRESENT:

            GP AMMINIKUTTY K




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
   WP(C).16081/21                        3




                              V.G.ARUN, J.
               -----------------------------------------------
                     W.P(C).No. 16081 of 2021
               -----------------------------------------------
              Dated this the 14th day of June, 2022

                               JUDGMENT

This writ petition is filed raising a complaint that, despite

requisition of the petitioner's vehicle based on the orders of the 3 rd

respondent-Disaster Management Authority, and putting the vehicle

to use, the eligible compensation is not being disbursed. Learned

Counsel for the petitioner relied on Section 66 of the Disaster

Management Act to contend that the 3rd respondent is bound to

effect the payment. It is also alleged that the vehicle sustained

intensive damage while it was used by the respondents.

2. Learned Government Pleader submitted that the question of

payment would arise only on the petitioner submitting the request

for compensation within time and even then, final decision on the

application should be left to the discretion of the authority.

3. Heard the learned Standing Counsel for the Panchayat also,

who submitted that the petitioner's vehicle was requisitioned on the

direction of the 3rd respondent.

4. Having heard the learned Counsel and having carefully

perused Section 66 of the Disaster Management Act, the writ

petition is disposed of directing the 3 rd respondent to consider the

reply submitted by the petitioner and to pass appropriate orders on

the petitioner's application, in terms of Section 66, within an outer

limit of two months of receipt of a copy of this judgment. If dispute

regarding the compensation for damages subsists after the decision

rendered by the 3rd respondent, that can be raised before the

Arbitrator in the manner provided under Section 66 of the Disaster

Management Act.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF WP(C) 16081/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF REGISTRATION CERTIFICATE DATED 22.10.2019 ISSUED BY THE REGISTERING AUTHORITY VADAKARA.

Exhibit P2 A TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 3.5.2021.

Exhibit P3 A TRUE COPY OF THE ORDER DATED 6.5.2021 OF THE FOURTH RESPONDENT GRAMA PANCHAYATH.

Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 6.5.2021 ISSUED BY THE 4TH RESPONDENT GRAMA PANCHAYATH.

Exhibit P5 A TRUE COPY OF THE LETTER OF THE PETITIONER TO THE 4TH RESPONDENT DATED 31.05.2021.

Exhibit P6 A TRUE COPY OF THE LETTER OF THE PETITIONER TO THE THIRD RESPONDENT DATED 5.6.2021.

Exhibit P7 A TRUE COPY OF THE LETTER OF THE PETITIONER TO THE THIRD RESPONDENT DATED 14.06.2021.

Exhibit P8 A TRUE COPY OF LETTER OF POPULAR MEGA MOTORS PVT.LTD DATED 26.07.2021.

Exhibit P10 A TRUE COPY OF THE INSURANCE SURVEYOR REPORT DATED 30.9.2021.

Exhibit P9 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 24.9.2021