Central Travancore Specialists ... vs State Of Kerala
2022 Latest Caselaw 3600 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   THURSDAY, THE 24TH DAY OF MARCH 2022/3RD CHAITHRA, 1944
                     WP(C) NO. 22011 OF 2021


PETITIONER:

         M/S.CENTRAL TRAVANCORE SPECIALISTS
         HOSPITAL LTD., MULAKUZHA, CHENGANOOR,
         ALAPPUZHA 689 505 REPRESENTED BY
         ITS EXECUTIVE DIRECTOR,
         PAUL KURIEN POLACHIRACKAL.

         BY ADVS.
         M.GOPIKRISHNAN NAMBIAR
         K.JOHN MATHAI
         JOSON MANAVALAN
         KURYAN THOMAS
         PAULOSE C. ABRAHAM
         RAJA KANNAN


RESPONDENTS:

    1    STATE OF KERALA REPRESENTED BY
         THE CHIEF SECRETARY TO THE GOVERNMENT,
         SECRETARIATE, TRIVANDRUM 695 001.

    2    THE PRINCIPAL SECRETARY,
         REVENUE AND DISASTER MANAGEMENT
         STATE RELIEF COMMISSIONER AND CONVENOR,
         KERALA STATE DISASTER MANAGEMENT AUTHORITY,
         OBSERVATORY HILLS, VIKAS BHAWAN P.O.,
         THIRUVANANTHAPURAM 695 033.

    3    STATE OF KERALA REPRESENTED BY
         THE SECRETARY TO THE GOVERNMENT,
         HEALTH AND FAMILY WELFARE, SECRETARIAT,
         TRIVANDRUM 695 001.
 WP(C) No.22011/2021

                             2



    4      THE DISTRICT COLLECTOR AND THE CHAIRMAN,
           DISTRICT DISASTER MANAGEMENT AUTHORITY,
           ALAPPUZHA 688 001.

           SRI.APPU P.S., G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) No.22011/2021

                                 3




                           JUDGMENT

Dated this the 24th day of March, 2022

The petitioner is before this Court seeking to direct

respondents 1 to 4 to pay compensation to the petitioner as

provided under Section 66 of the Disaster Management

Act, 2005. The petitioner is M/s. Central Travancore

Specialists Hospital Limited. The Hospital is a Super

Specialty Hospital with a capacity of 300 beds including 30-

40 beds in the Intensive Care Units, fully equipped dialysis

unit and infrastructure for most medical and surgical

disciplines.

2. The Hospital was taken over by the 4th

respondent for the purpose of treatment of Covid-19

patients. The 5th respondent issued receipt dated

27.05.2020 in acknowledgment of take over of the Hospital. WP(C) No.22011/2021

3. The petitioner submits that neither the

possession of the Hospital has been restored to the

petitioner nor any compensation is paid. The petitioner

further submits that an amount of `10 Crores is due from

the State Government. The petitioner was not paid any

amount. The petitioner submitted Ext.P5 representation

dated 08.08.2020 before the 4th respondent which was not

considered. Under Section 66(1) of the Disaster

Management Act, 2005, payment of compensation is

mandatory, contended the petitioner.

4. The learned Government Pleader entered

appearance and contested the writ petition. The

Government Pleader submitted that the Hospital was taken

over for Covid-19 treatment and is still used as one of the

major Covid Treatment Centres in the District. According to

the respondents, the Hospital was a non-functional Hospital

and the petitioner is not entitled to get the compensation as WP(C) No.22011/2021

per the Government Order. Moreover, amounts were spent

by the National Health Mission, Alappuzha, for making the

Hospital functional. Staff including Doctors, Nurses and

Cleaning staff were also provided by the National Health

Mission. According to the respondents, only the

compensation payable to hotels, lodges, resorts,

auditoriums is mentioned in the order, but compensation

payable to private hospitals is not mentioned in the G.O.

The Government is processing the application for

compensation.

5. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondents.

6. From the pleadings in the writ petition and

statement filed by the respondents, it is an admitted

position that the hospital building of the petitioner was

taken over by the respondents on 23.03.2020. The WP(C) No.22011/2021

respondents are in possession of the hospital building. The

possession is not restored to the petitioner so far. Under

Section 66(1) of the Disaster Management Act, 2005, the

respondents are legally bound to pay compensation. The

Government Pleader submits that the processing of

compensation will take some time and the amount may

have to be adjusted as the authority has addressed a letter

to Government seeking clarification regarding the

assessment of compensation.

7. Be that it may so, as the hospital building is

taken over and made use of, the respondents should pay

compensation to the petitioner in accordance with the

Rules as contemplated under Section 66 of the Act.

In the circumstances, the writ petition is disposed of

directing respondents 1 and 2 to give necessary

clarification/explanation sought for by the 4 th respondent

within a period of two months. The 4 th respondent shall WP(C) No.22011/2021

assess and pay the compensation due to the petitioner

within a period of one month thereafter.

Sd/-

N. NAGARESH JUDGE ncd/26.03.2022 WP(C) No.22011/2021

APPENDIX OF WP(C) 22011/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 23-03-

2020 ISSUED BY THE 4TH RESPONDENT TAKING OVER VARIOUS HOSPITALS INCLUDING THE PETITIONER'S HOSPITAL Exhibit P2 TRUE COPY OF THE NOTICE OF THE 5TH RESPONDENT DATED 26-03-2020 Exhibit P3 TRUE COPY OF THE RECEIPT DATED 27-05-

2020 ISSUED BY THE VILALGE OFFICER, MULAKUZHA INDICATING FULL CUSTODY OF THE HOSPITAL.

Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO. 1436/2021/H AND FWD DATED 07-07-2021 Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 08-08-2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENTS' EXHIBITS

Annexure R4(a) GO(MS) 21/2020 DATED 25.06.2020. Annexure R4(b) DMC 5-22011/2021 DATED 22.01.2022.