The High Court disposed of a writ petition wherein the petitioner challenged compensation granted for his tourist home taken over for quarantine facility. The Court observed that an order granting compensation had been passed after hearing and pointed out a provision for arbitration, thereby disposing of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.2169 OF 2021(U)
PETITIONER:
AHAMAD A.K. AGED 49 YEARS
S/O KUNHAHAMMED,ATHIKKAVIL HOUSE, THEKKUMPURAM,PALLIKKAL,KUMMINIPARAMBA, MALAPPURAM-673638.
BY ADV. SRI.P.E.SAJAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,DISASTER MANAGEMENT(A)DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 CHAIRMAN,DISASTER MANAGEMENT AUTHORITY, DISTRICT COLLECTOR,MALAPPURAM, CIVIL STATION,MALAPPURAM-676505.
3 KONDOTTY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,KONDOTTY, MALAPPURAM-673638.
4 THE TAHSILDAR, KONDOTTY TALUK,TALUK OFFICE, KONDOTTY,MALAPPPURAM-673638.
SMT.PRINCY XAVIER, GP,SRI.K.A.JALEEL,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2169 OF 2021(U)
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JUDGMENT
Dated this the 28th day of January 2021
The petitioner is aggrieved by a quantum of compensation granted to him in Ext.P5 order by the second respondent towards the tourist home which was taken over by the second respondent for the purpose of providing quarantine facility to Keralites coming from other states.
WP(C).No.2169 OF 2021(U)
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Management Act, 2005. The petitioner is therefore, free to resort to the said remedy. The writ petition is disposed of as above.
Sd/-
P.V.ASHA
JUDGE
AJ/28.01.2021
WP(C).No.2169 OF 2021(U)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.DCMPM/1734/2020DM1 DATED 5-5-2020. EXHIBIT P2 TRUE COPY OF THE G.O.(MS)N0.22/2020/DMD DATED 26.6.2020. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C)23092/2020 DATED 28.10.2020. EXHIBIT P4 TRUE COPY OF THE HEARING NOTICE DATED 30.11.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 21.12.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 15.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
3 issues framed by the court
Whether the petitioner can avail of the arbitration remedy under the proviso to Section 66(1 of the Disaster Management Act, 2005 instead of entertaining the writ petition.
Suitability of disposing of the writ petition after affording an opportunity of hearing via an order passed by the second respondent.
Validity of the quantum of compensation granted by the second respondent in an order subjecting the petitioner to arbitration.
Colour shows how this judgement treated each authority
WP(C)No.23092 of 2020Referred¶23
1 provisions across 1 enactments
AHAMAD A.K.
STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT
CHAIRMAN,DISASTER MANAGEMENT AUTHORITY, DISTRICT COLLECTOR,MALAPPURAM
KONDOTTY MUNICIPALITY
THE TAHSILDAR, KONDOTTY TALUK
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
