Allowed

Suresh Kumar v. State of Kerala

Kerala HC15 Mar 2021WP(C)/4766/2021

Case brief

AI extract

What is this about?

The Court observed that petitioner-owned auditorium taken over for a Covid First Line Treatment Centre was not put to use. It directed authorities to return the building within two weeks and resolve compensation under the Disaster Management Act within two months.

What did the court decide?

Directions to release possession of premises within two weeks and determine compensation under Section 66 of the Disaster Management Act within two months.

Suresh Kumar Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2021)

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WP(C).No.4766 OF 2021(U)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

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WP(C).No.4766 OF 2021(U)

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PETITIONER/S:

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1 SURESH KUMAR AGED 52 YEARS S/O. SUKUMARAN, REVATHI, MANNADY P.O. MANNADY, ADOOR, PATHANAMTHITTA DISTRICT 691 530.

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2 BEENA KUMARI, AGED 49 YEARS W/O. SURESH KUMAR, REVATHI, MANNADY P.O. MANNADY, ADOOR, PATHANAMTHITTA DISTRICT 691 530.

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BY ADVS. SRI.D.KISHORE SMT.MEERA GOPINATH SRI.R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE KERALA STATE DISASTER MANAGEMENT AUTHORITY , REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN P.O. OBSERVATORY HILLS, OPP. KANAKAKKUNNU PALACE, NANDANCODE, THIRUVANANTHAPURAM 695 033.

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3 THE DISTRICT DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN (DISTRICT MAGISTRATE AND DISTRICT COLLECTOR), PATHANAMTHITTA, COLLECTORATE, PATHANAMTHITTA 689 645.

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4 THE CHAIRMAN,(DISTRICT MAGISTRATE AND DISTRICT COLLECTOR), DISTRICT DISASTER MANAGEMENT AUTHORITY, PATHANAMTHITTA COLLECTORATE, PATHANAMTHITTA 689 645.

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5 THE SECRETARY,

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WP(C).No.4766 OF 2021(U)

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KADAMPANAD GRAMA PANCHAYAT, KADAMPANAD SOUTH P.O. PATHANAMTHITTA 691 553.

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6 THE DISTRICT MEDICAL OFFICER, (HEALTH), COLLECTORATE, PATHANAMTHITTA 689 645.

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OTHER PRESENT:

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SMT.VINITHA.B, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4766 OF 2021(U)

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JUDGMENT

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Dated this the 15^th day of March 2021

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'Revathy Auditorium' owned by the petitioners in

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Pathanamthitta District was taken over as per Ext.P1 order dated 30.07.2020 for the purpose of setting up Covid First Line Treatment Centre (CFLTC). The petitioners submit that though it was taken over, it was not converted as CFLTC so far and the respondents are not taking any steps for returning the same also. The petitioners pointed out that the respondents do not take any action for determining the rent/compensation payable to the petitioners under Section 66 of the Disaster Management Act also. It is stated that though the petitioners had submitted representations like Exts.P4 to P9 before various authorities requesting for releasing the building, so far no action is taken.

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The fact that the said building has not been actually put in use as CFLTC is not disputed by the learned Government Pleader. That be so there shall be a direction to respondents 3, 4 and 6 to take steps for releasing the building to the petitioners and to give possession back to them after completing the formalities for the same within a period of two weeks from the date of receipt of a copy of this judgment. The 3^rd respondent shall also take steps for determining the

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WP(C).No.4766 OF 2021(U)

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compensation due to the petitioners in accordance with the provisions contained in Section 66 of the Disaster Management Act thereafter within a further period of two months.

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The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.4766 OF 2021(U)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE CO	PY	OF	THE OR	DER	NO.
	DCPTA/1185/	2020	/DM5 D	ATED 30.7.2	020 OF	THE
	4TH RESPON CFLTCS.	DENT	ALON	G WITH THE	LIST	OF
EXHIBIT P2	TRUE COPY	OF	THE	PROCEEDINGS	NO.	A3-
	3101/2020 RESPONDENT.	DAT	ED 8.	8.2020 OF	THE	5TH
EXHIBIT P3	TRUE COPY O 27.1.2021 THE PETITIO	F TH ISSUE NERS	E ARRE D BY .	AR DEMAND NO THE 5TH RES	TICE DA PONDENT	TED TO
EXHIBIT P4	TRUE COPY 24.11.2020 BEFORE THE	OF SUBM HONO	THE ITTED URABLE	REPRESENTAT BY THE 1ST CHIEF MINIS	ION DA PETITIO TER.	TED NER
EXHIBIT P5	TRUE COPY 30.11.2020 BEFORE THE	OF SUBM 6TH	THE ITTED RESPON	REPRESENTAT BY THE 1ST DENT.	ION DA PETITIO	TED NER
EXHIBIT P6	TRUE COPY 30.11.2020 BEFORE THE	OF SUBM 5TH	THE ITTED RESPON	REPRESENTAT BY THE 1ST DENT.	ION DA PETITIO	TED NER
EXHIBIT P7	TRUE COPY 3.12.2020 BEFORE THE	OF SUBMI HONO	THE TTED URABLE	REPRESENTAT BY THE 1ST HEALTH MINI	ION DA PETITIO STER.	TED NER
EXHIBIT P8	TRUE COPY 1.1.2021 S BEFORE THE	OF UBMI 4TH	THE TTED B RESPON	REPRESENTAT Y THE 1ST DENT.	ION DA PETITIO	TED NER
EXHIBIT P9	TRUE COPY	OF	THE	REPRESENTAT	ION DA	TED
	12.2.2021 BEFORE THE	SUBMI 4TH	TTED RESPON	BY THE 1ST DENT.	PETITIO	NER

Suresh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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