Kerala High Court
The District Diaster Management ... vs M.P.Kuriakose on 25 October, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Friday, the 25th day of October 2024 / 3rd Karthika, 1946
WA NO. 587 OF 2017
AGAINST JUDGMENT DATED 1/2/2017 IN WP(C) No. 28619/2016 OF THIS COURT
APPELLANTS/RESPONDENTS IN WPC:
1. THE DISTRICT DIASTER MANAGEMENT AUTHORITY, WAYANAD, REPRESENTED BY
ITS EX-OFFICIO CHAIR PERSON, DISTRICT COLLECTORATE, WAYANAD-673521.
2. THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY
SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3. THE DISTRICT COLLECTOR, WAYANAD-673521.
4. THE TAHSILDAR, SULTHAN BATHERY-673521
SRI.V.TEKCHAND AND SRI.JAFFER KHAN,SENIOR GOVERNMENT PLEADERS(B/O)
RESPONDENT/PETITIONER IN WPC:
M.P.KURIAKOSE, S/O.PAILY, MANAGING TRUSTEE, MUTTATHU HOUSE,
SAMARPITHAR TRUST, MATTAPPARA, MEENANGADI P.O. WAYANAD DISTRICT
DR.GEORGE ABRAHAM
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment of the learned Single Judge dated
01.02.2017 in WP(C) No.28619/2016, pending disposal of the Writ Appeal.
This Writ Appeal coming on for orders on 25/10/2024 upon perusing
the appeal memorandum, the Court on the same day passed the following:
P.T.O
NITIN JAMDAR, C.J.
&
S.MANU, J.
=========================
W.A. No. 587 of 2017
=========================
Dated this the 25th day of October, 2024
ORDER
NITIN JAMDAR, C.J.
Heard Mr.Jaffer Khan, learned Senior Government Pleader and
Dr.George Abraham, learned counsel for the Respondent.
2. By the impugned judgment delivered in a group of petitions,
including the petition from which this Appeal arises, the learned Single
Judge has set aside the action taken under the Disaster Management Act,
2005 (Act of 2005) in respect of certain areas situated in Wayanad
District. The learned Single Judge has recorded a finding that since the
affected persons were not given an opportunity before the order was
passed by the Disaster Management Authority, it being in violation of
the principles of natural justice, are liable to be quashed. The impugned
judgment of the learned Single Judge lays down a proposition which
prima facie, according to us, is not borne out by the provisions of Act of
2005, which are enacted to take steps on emergent basis.
3. List the Appeal on board on 1 November 2024 at the bottom of
the admission list. The endeavour will be made to dispose of the appeal
finally. Compilation of decisions, if any, will be circulated in advance by
the counsel for the parties.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
rp
25-10-2024 /True Copy/ Assistant Registrar
