Dismissed

Archana Hospital v. the District Disaster Management Authority

Kerala HC24 Aug 2022WP(C)/10352/2022

Case brief

AI extract

What is this about?

This writ petition sought mandamus directing the District Disaster Management Authority to pay rent/compensation for the requisitioned petitioner's hospital. The court disposed of the petition by directing the authority to expedite rent fixation via PWD and disburse the amount within three months.

What did the court decide?

Directing the 1st respondent to require the 3rd respondent and PWD to fix rent expeditiously, afford opportunity of hearing and disburse the rent within three months.

Archana Hospital Vs the District Disaster Management… — RTI and Transparency | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944

¶5

WP(C) NO. 10352 OF 2022

¶6

PETITIONER/S:

¶7

1 ARCHANA HOSPITAL PANDALAM,PATHANAMTHITTA-689 501, REPRESENTED BY ITS MANAGING PARTNER, S.RAMACHANDRA KURUP

¶8

2S.RAMACHANDRA KURUP,
MANAGING PARTNER, M/S. ARCHANA HOSPITAL, PANDALAM,
PATHANAMTHITTA-689 501
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
NEENU BERNATH

¶9

RESPONDENT/S:

¶10

1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY PATHANAMTHITTA, DISTRICT MAGISTRATE & DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR,PATHANAMTHITTA-689 645, REPRESENTED BY ITS CHAIRMAN

¶11

2 THE VILLAGE OFFICER, PANDALAM,PATHANAMTHITTA-689 501,

¶12

3PANDALAM MUNICIPALITY,
PANDALAM,PATHANAMTHITTA-689 501,REPRESENTED BY ITS
SECRETARY
BY ADVS.
SHRI.S.SUBHASH CHAND, SC, PANDALAM MUNICIPALITY
SMT.T.S.MAYA, SC, PANDALAM MUNCIPALITY

¶13

OTHER PRESENT:

¶14

GP P.S.APPU

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO. 10352 OF 2022

¶17

¶18

JUDGMENT

¶19

Dated this the 24^th day of August, 2022

¶20

The hospital belonging to the 1^st petitioner partnership firm was requisitioned as a Covid First Line Treatment centre with effect from 11.03.2020 to 10.03.2022 as per Ext.P3 proceedings dated 05.05.2020. The grievance of the petitioner is that the respondents are yet to pay the rent / compensation for the premises, as provided in Section 66 of the Disaster Management Act (‘the Act’ for short). The writ petition is hence filed seeking the issuance of a writ of mandamus directing the 1^st respondent to pay the compensation for the petitioner’s building for the period from 11.03.2020 to 10.3.2022 in terms of Sections 66 (1) and (2) of the Act.

¶21

2.I heard the learned counsel for the petitioner and the learned Government Pleader.

¶22

3.From the statement filed on behalf of the 1^st respondent it is seen that as per the applicable Government Orders, the requisition authority has to provide compensation

¶23

WP(C) NO. 10352 OF 2022

¶24

¶25

under Section 66 after fixing the rent in consultation with the Public Works Department and the Local Self Government Department. It is stated that appropriate directions have been issued to the 3^rd respondent and the Executive Engineer (Buildings) of the PWD to make available the rent certificate at the earliest. It is also assured that once the report / certificate is received, the requisition authority will fix rent and disburse the amount to the petitioner without further delay.

¶26

Considering the above submission and the request of the counsel for the petitioner, the writ petition is disposed of, directing the 1^st respondent to require the 3^rd respondent and the Executive Engineer (buildings) PWD to fix the rent expeditiously and thereupon, issue necessary orders for sanctioning and disbursing the rent so fixed to the petitioner at the earliest and at any rate within three months, after affording an opportunity of hearing to the petitioner.

¶27

Sd/V.G ARUN JUDGE

¶28

¶29

WP(C) NO. 10352 OF 2022

¶30

¶31

APPENDIX OF WP(C) 10352/2022

¶32

`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF LETT` `RESPONDENT, VILLA` `11.03.2020`	`ER ISSUED BY THE 2ND` `GE OFFICER, DT`
`Exhibit`	`P2`	`TRUE COPY OF THE` `TO EXT P1, ISSUED` `DT 11.032020`	`ACKNOWLEDGMENT RECEIPT` `BY THE 2ND RESPONDENT ,`
`Exhibit`	`P3`	`TRUE COPY OF THE` `RESPONDENT DT 05.`	`ORDER PASSED BY THE 1ST` `05.2020`
`Exhibit`	`P4`	`TRUE COPY OF THE` `RESPONDENT DT 20.`	`ORDER PASSED BY THE 1ST` `07.2020`
`Exhibit`	`P5`	`TRUE COPY OF THE` `THE 1ST RESPONDEN`	`REPRESENTATION MADE TO` `T DT 04.06.2020`
`Exhibit`	`P6`	`TRUE COPY OF THE` `THE 1ST RESPONDEN`	`REPRESENTATION MADE TO` `T DT 28.06.2020`
`Exhibit`	`P7`	`TRUE COPY OF THE` `THE 3RD RESPONDEN`	`REPRESENTATION MADE TO` `T DT 28.06.2020`
`Exhibit`	`P8`	`TRUE COPY OF COMM` `3RD RESPONDENT DT`	`UNICATION ISSUED BY THE` `3.3.2022`
`Exhibit`	`P9`	`TRUE COPY OF ELEC` `FOR A TOTAL AMOUN`	`TRICITY BILL DT 3.3.2022` `T OF R 3,15,626/-`
`Exhibit`	`P10`	`TRUE COPY OF REPR` `THE TOTAL AMOUNT`	`ESENTATION SUBMITTED BY` `OF RS.3,15,626/-`

Archana Hospital v. the District Disaster Management Authority

Case brief

What is this about?

What did the court decide?

Archana Hospital v. the District Disaster Management Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.J.Sunny Vs Kerala Water Authority

S.Narayanan Vs State of Kerala

Ashraf.B Vs State of Kerala

Prajaraj D. Vs State of Kerala

State of Kerala Vs Kunji Krishna Pillai

Sunil Kumar S. Vs State of Kerala