Kerala High Court
State Of Kerala Disaster Management ... vs R. Rajalakshmi on 25 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
RP NO. 868 OF 2024(J)
WP(C) 3497/2023 OF HIGH COURT OF KERALA, ERNAKULAM
REVIEW PETITIONER(S)/RESPONDENTS 1 AND 2 IN WP(C):
1. STATE OF KERALA DISASTER MANAGEMENT DEPARTMENT REPRESENTED BY ITS
PRINCIPAL SECRETARY REVENUE AND DISASTER MANAGEMENT, STATE RELIEF
COMMISSIONER & CONVENER, KERALA STATE DISASTER MANAGEMENT AUTHORITY,
SECRETARIAT, PALAYAM P.O THIRUVANANTHAPURAM, PIN - 695001
2. DISTRICT COLLECTOR & CHAIRMAN DISASTER MANAGEMENT AUTHORITY, CIVIL
STATION, ALAPPUZHA BAZAR P.O, ALAPPUZHA, PIN - 688012
RESPONDENT(S)/PETITIONER AND RESPONDENT NO: 3 IN WPC:
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 MUNCIPALITY REPRESENTED BY ITS SECRETARY CCSB ROAD,
KODIVEEDU P.O, ALAPPUZHA, PIN - 688001
Review Petition praying inter alia that in the circumstances stated
therein the High Court be pleased to stay the operation and implementation
of the judgment dated 01-03-2024 in Writ Petition (Civil) No.3497/2023
passed by this Hon'ble Court pending disposal of the Review Petition.
This petition again coming on for orders upon perusing the petition
and this Court's Judgment dated 01-03-2024 in WP C-3497/2023 and this
court's order dated 29-08-2024 and upon hearing the arguments of
GOVERNMENT PLEADER for the petitioner in RP/respondents 1 and 2 in WP(C),
M/S. VINEETH KOMALACHANDRAN, T.K.SREEKALA, KALLIYANI KRISHNA B, Advocates
for the 1st respondent in RP/petitioner in WP(C) and of SRI.R.AZAD BABU,
STANDING COUNSEL for the 2nd respondent in RP/3rd respondent in WP(C), the
court passed the following:
DEVAN RAMACHANDRAN, J.
=================================
R.P.No.868 of 2024
in
WP(C)No.3497 of 2023
=================================
Dated this the 25th day of September, 2024
O R D E R
Read order dated 29.08.2024.
2. Sri.P.M.Shameer - learned Government
Pleader, seeks further time.
3. As earlier said in the above referred
order, Prima facie, this application for review is
rather unfortunate because the figures in the
judgment were fully conceded.
4. One, therefore, fails to understand how
the Government now says that the said sum must be
subjected to an Arbitration under Section 66A of
the Disaster Management Act.
5. In fact, I notice that an Appeal has
attempted against the judgment in question with
the same plea, but the petitioner was thereafter
asked to file a review. This is because, again,
the learned Division Bench was under the
impression that there was a dispute regarding the
RP No.868/2024 in WP(C)No.3497/2023
amounts involved.
6. However, going by Exts.P6 and P9, as also
the order of the District Collector dated
29.03.2022 - which is now being relied upon in the
grounds of this Review Petition - there does not
appear to be any dispute regarding the amounts
involved. Of course, this is only a preliminary
view, which the learned Government Pleader can
always rebut in due course.
List, therefore, on 09.10.2024.
Sd/-
DEVAN RAMACHANDRAN
akv
JUDGE
25-09-2024 /True Copy/ Assistant Registrar
