Kerala High Court
Sr Educational & Charitable Trust vs State Of Kerala on 1 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:57041
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 6653 OF 2023
PETITIONER:
SR EDUCATIONAL & CHARITABLE TRUST
REPRESENTED BY ITS CHAIRMAN, VENNIKODE P O,
AKATHEMURI, VARKALA. : TRIVANDRUM DISTRICT ,
(REG NO: IV/61/2002), PIN - 695318
BY ADVS.
SRI.P.M.SANEER
SHRI.TONY GEORGE KANNANTHANAM
SMT.NITHYA R.
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE DISTRICT COLLECTOR,
COLLECTORATE, KADAPPANAKKUNNU.P.O.
TRIVANDRUM, PIN - 695043
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W.P.(C) No.6653/2023
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3 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
COLLECTORATE, KADAPPANAKKUNNU.P.O.
TRIVANDRUM, PIN - 695043
4 THE TAHSILDAR
VARKALA,
PIN - 695152
5 THE DISTRICT MEDICAL OFFICER,
RED CROSS ROAD, VANCHIYOOR.P.O,
TRIVANDRUM, PIN - 695035
6 THE PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT
TRIVANDRUM., PIN - 695001
BY SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 26.06.2025, THE COURT ON 01.08.2025 DELIVERED
THE FOLLOWING:
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W.P.(C) No.6653/2023
:3:
CR
N. NAGARESH, J.
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W.P.(C) No.6653 of 2023
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Dated this the 1st day of August, 2025
JUDGMENT
~~~~~~~~~
The petitioner, which is an educational agency
running a Medical College and Dental College, has filed this
writ petition seeking to quash Ext.P23 and to direct the
respondents to determine the compensation payable to the
petitioner for taking over their Hospital, Hostel, the
equipments and instruments, under the provisions of the
Disaster Management Act, 2005 and to disburse the
compensation amounts forthwith.
2. The petitioner states that by Ext.P1 order dated
16.03.2020, the petitioner was directed to handover the
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petitioner's Medical College with all existing human and
material resources to the DMO, Thiruvananthapuram. Ext.P1
was issued under Sections 26, 30 and 34 of the Disaster
Management Act, 2005. The Secretary to Cherunniyoor
Grama Panchayat required the petitioner to handover keys of
the rooms on the 6th floor and to provide three cleaning staff
maintaining Covid protocol, as per Ext.P2. By Ext.P3, the
petitioner was required to repair the lift. By Ext.P4, the DMO
required the petitioner to handover the entire facility of the
College. The petitioner co-operated.
3. No rent or compensation was paid to the
petitioner. The petitioner therefore computed the
compensation/rent based on the Technical Circular dated
25.05.2021 issued by the PWD and submitted Ext.P18
representation dated 10.08.2021. Detailed calculation of
compensation was attached. About ₹46 Crores is due to the
petitioner. Thereafter, the District Collector directed to close
down the Covid First Line and Second Line Treatment
Centres, as per Ext.P20 order dated 05.11.2021. Thereafter,
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the 4th respondent conducted fumigation in the Hospital and
the Hospital was handed over to the petitioner as can be
seen from Ext.P21 communication dated 12.11.2021. The
2nd respondent on 10.01.2023 has passed Ext.P23 order
rejecting the claims of the petitioner and holding that the
petitioner is not entitled to any compensation as the building
constructed for the Medical College is unauthorised. Ext.P23
order is under challenge.
4. The 2nd respondent resisted the writ petition. The
2nd respondent stated that pursuant to the interim order dated
19.06.2023 of this Court, the Rent Committee meeting was
held on 30.06.2023. A joint inspection was conducted. The
Panchayat authorities reported that the Women's Hostel
building of the Dental College was constructed in violation of
CRZ Regulations. The Rent Committee fixed the rent for the
portion of the building which was taken over for Covid
response activities at ₹1,06,19,881.44 as per Annexure
R2(c). The 2nd respondent stated that all the equipments
taken over by the respondents are in working condition. The
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petitioner is not entitled to any relief, urged the 2nd
respondent.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing
respondents 1 to 6.
6. It is not disputed that the land, building and
facilities of the petitioner were taken over by the respondents
invoking the provisions of the Disaster Management Act.
The dispute is regarding the eligibility of the petitioner to
receive compensation. By Ext.P23 order, the District
Collector has declined compensation to the petitioner.
7. As regards rent for the floor area and rent for
rooms, the District Collector has concluded that as the
portion of the building used by the respondents was
unauthorised construction, rent for floor area and rooms
cannot be sanctioned. As regards rent for medical
equipments, the District Collector has stated that in spite of
request, the petitioner has not come forward to take over the
equipments. There is no provision for paying rent for the
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medical equipments as of now. Therefore, the petitioner
should take back the medical equipments without claiming
any rent.
8. As regards price for equipments taken by the
respondents, the District Collector states that those
equipments are taken back by the petitioner after due
inspection. The District Collector has also declined price for
missing equipments / damaged items on the ground that the
equipments for which price is claimed were not taken over by
the Government.
9. It is to be noted that the buildings and valuable
equipments belonging to the petitioner were taken over by
the respondents at the crucial time of Covid-19 pandemic, by
the Disaster Management authorities. Section 66 of the
Disaster Management Act provides the manner in which
compensation has to be computed. The rent for the building
has been declined alleging that the building is unauthorised.
The buildings were constructed after obtaining Ext.P24 NOC
from the Grama Panchayat. The 2nd respondent has issued
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Ext.P26 construction completion certificate. The Grama
Panchayat is collecting building tax.
10. Assuming that the building requires certain
statutory clearances, even then the respondents who have
taken over the building and used the same invoking the
provisions of the Disaster Management Act, 2005 cannot
decline rent/compensation holding that the building
construction was unauthorised. If there is any statutory
violations in the construction of the building, the authorities
will be free to take such action as is permissible. But, the
respondents are legally bound to pay rent/compensation to
the petitioner if the building is used by them, failure of which
would offend the constitutional right of the petitioner under
Article 300A of the Constitution of India.
11. The respondents had taken over not only the
hospital building but the medical equipments also.
Rent/compensation for medical equipments has been
declined by the District Collector holding that "there is no
provision now" to pay rent/compensation for equipments.
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The reasoning given by the District Collector is highly
arbitrary and unacceptable. If the respondents have taken
over the medical equipments, then the respondents are
bound to pay rent/compensation for medical equipments.
Similarly, if any of the equipments are missing or damaged,
the petitioner is entitled to due compensation for the loss
sustained by him.
12. Ext.P23 order of the District Collector is therefore
highly arbitrary and unsustainable. Ext.P23 is set aside. The
issue is remitted back to respondents 2 and 3 for
reconsideration of the claim of the petitioner and for payment
of due rent/compensation. A decision afresh in this regard
shall be taken within a period of three months.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/30.07.2025
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APPENDIX OF WP(C) 6653/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER
NO.DDMA/01/2020/ COVID(5/1) DATED 16-
3-2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.A4-1875/20
DATED 13-5-2020 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P3 TRUE COPY OF THE NOTICE
NO.DDMA/01/2020/ COVID DATED 18-5-
2020.
Exhibit P4 TRUE COPY OF THE LETTER NO.C2-
2558/2020/ DMOH DATED 26-5-2020 ISSUED
BY THE 6TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPLY NO.SRMCRC/2036/
COVID/2020 DATED 26-5-2020 6TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE ORDER NO.C4-
3604/2020(1) DATED 27-5-2020.
Exhibit P7 TRUE COPY OF THE ORDER NO.A4-02/2020
DATED 3-6-2020 ISSUED BY THE 4TH
RESPONDENT
Exhibit P8 TRUE COPY OF THE COMMUNICATION
NO.DDMA/01/ 2020/ COVID/SRMEDICAL
DATED 6-6-2020 .
Exhibit P9 TRUE COPY OF THE REPLY
NO.E1/1247/SRMC/2020 DATED 11-6-2020
TO THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE ORDER
NO.DDMA/01/2020/ COVID/SRMEDICAL DATED
15-7-2020.
Exhibit P11 TRUE COPY OF THE ORDER NO.C4-3604/2020
DATED 23-12-2020 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P12 TRUE COPY OF THE ORDER NO.A4-1039/2021
DATED 10-3-2021 OF THE SUPERINTENDENT
OF THE TALUK HOSPITAL
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Exhibit P13 TRUE COPY OF THE MINUTES OF THE
MEETING OF DISTRICT COLLECTOR,
TRIVANDRUM WITH PRIVATE MEDICAL
COLLEGE MANAGEMENTS DATED 25-4-2021
Exhibit P14 TRUE COPY OF THE ORDER NO.DDMA/COVID/
2020/ H3 DATED 21-5-2021 ISSUED BY THE
2ND RESPONDENT.
Exhibit P15 TRUE COPY OF THE MAHAZAR PREPARED BY
THE DEPUTY TAHSILDAR ON 24-5-2021.
Exhibit P16 TRUE COPY OF THE LETTER
NO.SRMCRC/DDMA/ COVID/ 2021/531 DATED
31-5-2021 ALONG WITH ANNEXURE
Exhibit P17 TRUE COPY OF THE LETTER NO.A1-
SRMCRC/DDMA/ COVID/2021/615 DATED 25-
6-2021
Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED
10-8-2021`FROM THE PETITIONER
Exhibit P19 TRUE COPY OF THE REMINDER
REPRESENTATION DATED 2-11-2021 FROM
THE PETITIONER
Exhibit P20 TRUE COPY OF THE ORDER
NO.DDMA/01/2020/ COVID/H2 DATED 5-11-
2021 .
Exhibit P21 A TRUE COPY OF THE COMMUNICATION DTD
12/11/2021 ISSUED BY THE CHERUNNIYOOR
GRAMA PANCHAYT.
Exhibit P22 A COPY OF THE JUDGMENT IN WP© NO
27889/2021 DATED 14/2/2022, OF THIS
HON'BLE COURT.
Exhibit P23 A COPY OF THE ORDER NO. H2-381140/2021
DATED 10/1/2023 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P24 A COPY OF THE DECISION TAKEN BY THE
PANCHAYAT DATED 1/11/2003.
Exhibit P25 A COPY OF THE OWNERSHIP CERTIFICATE
DATED 30/10/2004 ISSUED BY THE
SECRETARY CHERINNIYOOR GRAMA PANCHAYAT
TO THE PETITIONER
Exhibit P26 A COPY OF THE COMPLETION CERTIFICATE
A10-40210/2005 DATED 06/06/2005 ISSUED
BY THE OFFICE OF THE 2ND RESPONDENT.
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Exhibit P27 A COPY OF THE CERTIFICATE ISSUED BY
THE ASSISTANT EXECUTIVE ENGINEER
KERALA WATER AUTHORITY DATED 4/6/2005
Exhibit P28 A COPY OF THE CERTIFICATE NO. PCB/TVM-
DO/BMW/2963/2006 DATED 29/5/2006
ISSUED BY THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD.
Exhibit P29 A COPY OF THE BUILDING TAX RECEIPTS
DATED 12/12/2006 ISSUED BY THE
CHERUNNIYOOR GRAMA PANCHAYAT FOR THE
PERIOD 2006-2007.
Exhibit P30 A COPY OF THE CERTIFICATE DATED
4/6/2005 ISSUED BY THE BLOCK
DEVELOPMENT OFFICE VARKKALA
Exhibit P31 . A COPY OF THE CERTIFICATE NO.529/13
DATED 12/9/2013 ISSUED BY THE
CHERUNNIYOOR VILLAGE OFFICER.
Exhibit P32 A COPY OF THE BUILDING AGE CERTIFICATE
NO 5023001/111/2022 DATED 27/6/2022
ISSUED BY THE GRAMA PANCHAYAT.
Exhibit P33 A COPY OF THE BUILDING TAX RECEIPTS
ISSUED BY THE CHERUNNIYOOR GRAMA
PANCHAYAT FOR 2021-2022.
Exhibit P34 A COPY OF THE CERTIFICATE DATED
27/6/2022 ISSUED BY THE CONSULTING
STRUCTURAL ENGINEERING.
Exhibit P35 A TRUE COPY OF THE GOVERNMENT ORDER
NO. G.O.(RT)NO.1122/2023/H&FWD DATED
11-5-2023
Exhibit P36 A TRUE COPY OF THE RECOVERY/DEMAND
NOTICE NO.RRC NO.2023/6864/01 DATED
25-5-2023 ISSUED BY THE DEPUTY
TAHASILDAR THIRUVANANTHAPURAM TALUK
Exhibit P37 A TRUE COPY OF THE OBJECTION SUBMITTED
TO THE DISTRICT COLLECTOR,
NO.A1/SRMC/2023/0530 DATED 30/5/2023
RESPONDENT'S EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE SECRETARY. CHERUNIYOOR GRAMA
PANCHAYATH.
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EXHIBIT R2(b) TRUE COPY OF THE REPORT SUBMITTED BY
THE SECRETARY, CHERUNIYOOR GRAMA
PANCHAYATH.
Annexure R2(a) A true copy of the report submitted by
the Secretary, Cheruniyoor Grama
Panchayat dated 10-08-2023
Annexure R2(b) A true copy of the rent certificate
Annexure R2(c) A true copy of the minutes of the rent
committee which was convened on 10-08-
Annexure R2(d) A true copy of the proceedings dated
16-03-2020
Annexure R2(e) A true copy of the report dated 09-08-
Annexure R2(f) A true copy of the letter dated 01-08-
Annexure R2(g) A true copy of the letter dated 17-06-
Annexure R2(h) A true copy of the letter No. H2-
381140/2021 dated 30-12-2022
Annexure R2(i) A true copy of the letter sent by the
petitioner
Annexure R2(j) True copy of the letter No.
DPMSU/8183/TVPM /2022 dated 28-12-2022
of the District Programme Manager,
NHM, Thiruvananthapuram
Annexure R2(k) True copy of the Letter No.
DPMSU/NHM/5263/2023/TVPM dated 11-08-
2023 of the District Programme
Manager, NHM Thiruvananthapuram
Annexure R2(l) A true copy of the report
No.SC2/2401/2023 dated 15-06-2023
Annexure R2(m) A true copy of the order dated 13-03-
PETITIONER'S EXHIBITS
Exhibit P38 A TRUE COPY OF THE ORDER NO ASC
100/16/MBBS/SRMCRC DTD 19-9-2023
ISSUED BY ADMISSION SUPERVISORY
COMMITTEE FOR MEDICAL EDUCATION.
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Exhibit P39 A TRUE COPY OF THE ORDER NO
ASC100/16/MBBS/SRMCRC DTD 7-10-2023
ISSUED BY ADMISSION SUPERVISORY
COMMITTEE FOR MEDICAL EDUCATION.
Exhibit P40 A TRUE COPY OF THE ORDER NO
ASC100/16/MBBS/SRMCRC DTD 13-10-2023
ISSUED BY ADMISSION SUPERVISORY
COMMITTEE FOR MEDICAL EDUCATION.
Exhibit P41 A TRUE COPY OF THE COMMUNICATION DATED
BGCWG/JL/FY21-22/1804 DTD 1/2/2022
ISSUED BY ARCIL IN THE NAME OF THE 1ST
RESPONDENT.
Exhibit P42 A TRUE COPY OF THE JUDGMENT IN WP(C)
43827/2024 DATED 13/12/2024 OF THIS
HONOURABLE COURT.
