M/S. Central Travancore ... vs The Commissioner, Disaster ...
2023 Latest Caselaw 4185 Ker

W.P.(C). No.11588 of 2023              1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
       FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                            WP(C) NO. 11588 OF 2023
PETITIONER:

               M/S. CENTRAL TRAVANCORE SPECIALISTS HOSPITAL LTD.
               MULAKUZHA, CHENGANOOR, ALAPPUZHA REPRESENTED BY ITS
               CO-ORDINATOR OVERSIGHT COMMITTEE AND DIRECTOR,
               SRI. ZACHARIAH PAUL., PIN - 689505
               BY ADVS.
               M.GOPIKRISHNAN NAMBIAR
               K.JOHN MATHAI
               JOSON MANAVALAN
               KURYAN THOMAS
               PAULOSE C. ABRAHAM
               RAJA KANNAN


RESPONDENTS:

      1        THE COMMISSIONER, DISASTER MANAGEMENT
               KERALA STATE DISASTER MANAGEMENT AUTHORITY, OBSERVATORY
               HILLS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM- 695 033.,
      2        THE DISTRICT COLLECTOR & CHAIRMAN
               DISTRICT DISASTER MANAGEMENT AUTHORITY, COLLECTORATE,
               ALAPPUZHA, PIN - 688001


              BY SMT.RESHMI.K.M., SENIOR GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.11588 of 2023                  2




                                     JUDGMENT

Dated this the 31st day of March, 2023

Petitioner is aggrieved by the delay in disposal of the appeal filed by the

petitioner, challenging the order of the District Collector & Chairman, District

Disaster Management Authority, Alappuzha - the 2nd respondent.

2. The subject issue relates to the payment due from the Disaster

Management Authority to the petitioner hospital. Anyhow, since Exhibit P7

appeal is pending before the 1st respondent, the learned counsel for petitioner

submitted that it would suffice, if a direction is issued to the Commissioner,

Disaster Management Authority, Thiruvananthapuram - the 1st respondent to

finalise Exhibit P7 appeal, in accordance with law, within one month. Learned

Senior Government Pleader submitted that a two months time may be granted to

dispose of the appeal.

3. After having heard learned counsel for petitioner Sri.K.John Mathai, and

learned Senior Government Pleader Smt.Reshmi.K.M, the writ petition is disposed

of directing the 1st respondent to finalise Exhibit P7 appeal, at the earliest, at any

rate, within two months from the date of receipt of a copy of this judgment, after

providing an opportunity of hearing to the petitioner.

Sd/-

                                                  SHAJI P.CHALY

 smv                                                   JUDGE





                            APPENDIX OF WP(C) 11588/2023

PETITIONER'S EXHIBITS
Exhibit P1            TRUE COPY OF THE ORDER DATED 23.03.2020
                      ISSUED BY THE 2ND RESPONDENT
Exhibit P2            TRUE COPY OF THE NOTICE DATED 26.03.2020
Exhibit P3            TRUE COPY OF THE GOVERNMENT ORDER DATED

04.11.2022 ISSUED BY THE STATE GOVERNMENT Exhibit P4 TRUE COPY OF THE MEMO DATED 07.12.2022 ISSUED BY THE STATE GOVERNMENT.

Exhibit5 TRUE COPY OF THE PROHIBITORY ORDER DATED 17.05.2022 ISSUED BY THE STATE GOVERNMENT Exhibit P6 TRUE COPY OF THE ORDER DATED 13.03.2023 OF THIS HON'BLE COURT IN CON. CASE(C) NO. 2047 OF 2022 Exhibit P7 TRUE COPY OF THE APPEAL MEMORANDUM DATED 10.02.2023 FILED BY THE PETITIONER WITHOUT ITS ANNEXURES Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED ON 17.03.2023 BY THE PETITIONER BEFORE THE 1ST RESPONDENT