State Of Kerala vs R. Rajalakshmi
2024 Latest Caselaw 19334 Ker

Kerala High Court

State Of Kerala vs R. Rajalakshmi on 3 July, 2024

Author: V.G.Arun

Bench: V.G.Arun

W. A. No. 847 of 2024
                                 -1-



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                 &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
  WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
                         WA NO. 847 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.3497 OF 2023 OF HIGH COURT
                             OF KERALA
APPELLANT/S:
    1     STATE OF KERALA
          DISASTER MANAGEMENT DEPARTMENT, REPRESENTED BY
          ITS PRINCIPAL SECRETARY, REVENUE & DISASTER
          MANAGEMENT STATE RELIEF COMMISSIONER & CONVENER,
          KERALA STATE DISASTER MANAGEMENT AUTHORITY,
          SECRETARIAT, PALAYAM P.O., THIRUVANANTHAPURAM,
          PIN - 695001
     2       THE DISTRICT COLLECTOR & CHAIRMAN
             DISASTER MANAGEMENT AUTHORITY, CIVIL STATION,
             ALAPPUZHA BAZAR P.O, ALAPPUZHA, PIN - 688012
             BY SRI. V. TEKCHAND, SR. GP

RESPONDENT/S:
    1     R. RAJALAKSHMI
          AGED 42 YEARS
          PROPRIETRIX, HOTEL ARYAAS RESIDENCY, OPP. BOAT
          JETTY, MINI CIVIL STATION, FINISHING POINT ROAD,
          THATHAMPALLY P.O., ALAPPUZHA, PIN - 688013
     2       ALAPPUZHA MUNICIPALITY
             REPRESENTED BY ITS MUNICIPAL SECRETARY, CCSB
             ROAD, KODIVEEDU P.O, ALAPPUZHA -, PIN - 688001
             BY ADVS. AZAD BABU R
             NIKITHA SUSAN PAULSON FOR VINEETH KOMALACHANDRAN
             FOR R1
     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W. A. No. 847 of 2024
                                     -2-


                             JUDGMENT

Dated this the 3rd day of July, 2024

A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original respondents 1 and 2

have challenged the judgment dated 01.03.2024 in W. P. (C) No.

3497 of 2023 by which the learned Single Judge has allowed the

writ petition.

2. The learned Senior Government Pleader has placed a

Government Order issued by the Disaster Management (A)

Department dated 28.04.2021 appointing the Commissioner,

Disaster Management as the Arbitrator to resolve the issue in

determining the quantum of compensation payable in connection

with the building taken over for institutional quarantine and

submitted that the District Collector was not authorized to pass the

order dated 29.03.2022 by which compensation has been

determined. It appears that the said Government Order was not

brought to the notice of the learned Single Judge.

In view of the above fact, it would be open for the appellant

State authority to file a review petition before the learned Single

Judge.

The writ appeal is disposed of accordingly.

Pending Interlocutory Applications, if any, shall stand

closed.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb