Petitioner proprietor of a hotel took over by authorities for a COVID retreat center and sought compensation. Court directed parties to use Section 66 arbitration for claim. Pet. allowed to approach appropriate forum with liberty.
Writ petition disposed of with liberty to petitioner to approach the appropriate forum, in accordance with law.
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 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942 WP(C).No.2214 OF 2021(B)
PETITIONER:
MANU MATHAI, AGED 39 YEARS, S/O.MATHAI, KURUVICHERANGARA, VEMOM P.O., MANANTHAVADY, WAYANAD DISTRICT - 670 645, PROPRIETOR HOTEL WAYANAD SQUARE, MANANTHANWADY, NORTH WAYANAD, PIN - 670 645.
BY ADVS. SRI.SAJI.P.JOSEPH SRI.K.T.SAJU SRI.THANKARAJAN P.K. SMT.G.MINI (PALATH) SMT.A.SEENA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, THIRUVANANTHAPURAM, PIN - 695 001.
BY ADV. SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2214 OF 2021(B)
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JUDGMENT
Hotel Wayanad Square, of which
petitioner is the proprietor, was taken over under the Disaster Management Act for
converting the same as a COVID First Line Retreatment Centre, as per Ext.P2 order dated 24.03.2020. It is stated that the Hotel was released to the petitioner on 09.11.2020. This writ petition is filed seeking a direction to the respondents 1 to 3 to fix the compensation as per Section 66 of the Disaster Management Act and to release the same to the petitioner.
2. The learned Government Pleader on instructions submitted that a total sum of Rs.4,70,994/- was paid to the petitioner in different spells, as on 30.01.2021. The petitioner claims that he is entitled to payment at higher rate. If that be so, the petitioner can resort to provisions for
WP(C).No.2214 OF 2021(B)
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arbitration as provided under Section 66 of the Disaster Management Act.
Accordingly, the writ petition is
disposed of with liberty to petitioner to approach the appropriate forum, in accordance
with law.
Sd/P.V.ASHA JUDGE
WW
WP(C).No.2214 OF 2021(B)
4
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE DATED |
COPY OF THE 23/03/2020. |
ORD | ER | NO.2909/2020/DMI |
|---|---|---|---|---|---|
| EXHIBIT P2 | TRUE 24/03 |
COPY OF THE /2020. |
HANDI | NG | OVER NOTE DATED |
| EXHIBIT P3 | TRUE | COPY OF THE L | ETTER | DAT | ED 16/04/2020. |
| EXHIBIT P4 | TRUE | COPY OF THE L | ETTER | DAT | ED 11/06/2020. |
| EXHIBIT P5 | TRUE | COPY OF THE L | ETTER | DAT | ED 05/09/2020. |
| EXHIBIT P6 | TRUE DCWYD |
COPY OF THE DATED 17/10/ |
ORDE 2020. |
R N | O.DMI 2909/2020/ |
| EXHIBIT P7 | TRUE | COPY OF THE L | ETTER | ISS | UED BY THE NODAL |
| OFFIC MANAN |
ER, CFLTC THAVADY DATED |
MA 25/10 |
NAGI /20 |
NG COMMITTEE, 20. |
|
| EXHIBIT P8 | TRUE SENIO BANK, |
COPY OF THE R BRANCH MAN DATED 02/11/ |
NOT AGER 2020. |
ICE OF |
ISSUED BY THE PUNJAB NATIONAL |
| EXHIBIT P9 | TRUE DCWYD |
COPY OF THE DATED 04/11/ |
ORD 2020 W |
ER ITH |
NO.DM12909/2020/ TYPED COPY. |
| EXHIBIT P10 | TRUE | COPY OF THE L | ETTER | DAT | ED 19/11/2020. |
1 issue framed by the court
Whether to direct respondents to fix compensation under Section 66 of the Disaster Management Act for the misuse of the petitioner's hotel.
1 provisions across 1 enactments
Manu Mathai
State of Kerala
The Disaster Management Authority
The District Collector
The Mananthavady Municipality
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
