Allowed

Elsy Poulose v. the District Collector

Kerala HC11 Nov 2022WP(C)/22068/2022

Case brief

AI extract

What is this about?

The Court rejected the submission that pendency of a Supreme Court appeal challenging the order granting jurisdiction to a Permanent Lok Adalat justifies non-disbursement of compensation awarded to flood victims in 2018. The Court closed the writ petition, directing the jurisdictional court to proceed with execution under the Legal Services Authorities Act.

What did the court decide?

Petitioner granted liberty to approach competent civil court for execution of the award if respondents fail to pay.

Elsy Poulose Vs the District Collector — Constitutional and Fundamental Rights | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 11^TH DAY OF NOVEMBER 2022 / 20TH KARTHIKA,

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1944

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WP(C) NO. 22068 OF 2022

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PETITIONER/S:

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ELSY POULOSE AGED 70 YEARS W/O. POULOSE, THETTAYIL HOUSE, MOOZHIKULAM, KURUMASSERY PO, ERNAKULAM., PIN - 683579

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BY ADVS. AYPE JOSEPH MERIN ROSE MEERA PRAKASH

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR CHAIRMAN, DISASTER MANAGEMENT AUTHORITY, CIVIL STATION, KAKKANAD PO, ERNAKULAM., PIN - 682030

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2 PARAKKADAVU GRAMA PANCHAYAT PARAKADAVU GRAMA PANCHAYAT, MOOZHIKULAM, KURUMASSERY PO, ERNAKULAM., PIN - 683579

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OTHER PRESENT:

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GP RIYAL DEVASSY; SC S. SUDHISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.22068 of 2022

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-2-

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JUDGMENT

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Dated this the 11^th day of November, 2022

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This writ petition is filed aggrieved by the inaction on the part of the first respondent in sanctioning and disbursing the compensation ordered by the Permanent Lok Adalat as per Ext.P1. The petitioner had approached the Permanent Lok Adalat seeking compensation for damage sustained to her building and movables in the devastating flood of 2018. In Ext.P1, the Permanent Lok Adalat upheld the claim and found the petitioner to be entitled for an amount of Rs.60,000/- as compensation. The respondents were called upon to comply with the directions and the petitioner given the liberty to execute the award as provided under Section 22(E)(5) of the Legal Services Authorities Act, if the respondents failed to effect payment.

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W.P.(C) No.22068 of 2022

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Learned Government Pleader submitted that

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the Permanent Lok Adalat was conferred with the power to decide all claims for compensation by flood victims based on Ext.R1(a) order passed by a Division Bench of this Court. It is submitted that the Government has challenged Ext.R1(a) order before the Supreme Court and the matter is pending consideration.

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In my considered opinion, mere pendency of an SLP before the Supreme Court challenging Ext.R1(a) is not a justification to deny the compensation directed to be paid by the Permanent Lok Adalat. At the same time, in the order sought to be implemented, the Permanent Lok Adalat has rightly observed that, if the respondents fail to pay the compensation amount, the petitioner’s remedy is to get the award executed in the manner provided under Section 22(E)(5) of the Legal Services Authorities Act.

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In that view of the matter, the writ petition

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W.P.(C) No.22068 of 2022

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is closed, reserving the petitioner’s liberty of approaching the competent civil court for getting Ext.P1 executed. The respondents not having challenged Ext.P1 order in appeal, the jurisdictional court will necessarily have to proceed with the execution, subject to the legal contentions available to the respondents.

Sd/-

V.G.ARUN JUDGE

Scl/

W.P.(C) No.22068 of 2022

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-5-

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APPENDIX OF WP(C) 22068/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE AWARD DATED 23.03.2022 IN OP. 1876/2019 IN THE FILES OF PERMANENT LOK ADALAT, ERNAKULAM. Exhibit P2 TRUE COPY OF THE REQUEST DATED 22.04.2022 SENT TO THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R1(a) True copy of the aforesaid interim order dated 13/2/2019 Exhibit R1(b) True copy of GO(MS) No. 24/2018/DMD issued by the Disaster Management department dated 26/10/2018 Exhibit R1(c) True copy of GO(MS) No. 18/2018/DMD issued by the Disaster Management Department dated 3/9/2018 Exhibit R1(d) True copy of GO(MS) No. 20/2019/DMD issued by the Disaster Management Department dated 23/7/2019

Elsy Poulose v. the District Collector

Case brief

What is this about?

What did the court decide?

Elsy Poulose v. the District Collector

Case brief

What is this about?

What did the court decide?

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