Disposed

Baiju.S.Nair v. State of Kerala

Kerala HC9 Nov 2022WP(C)/9683/2020

Case brief

AI extract

What is this about?

This writ petition challenging the requisition of the petitioner's building for Covid-19 activities was disposed of. The court directed the District Collector to consider the pending claim for rent (Exhibit P4) and pass a reasoned order under the Disaster Management Act within two months.

What did the court decide?

Directed the 2nd respondent to consider Exhibit P4 (claim for rent) and pass a reasoned order under the Disaster Management Act within two months.

Baiju.S.Nair Vs State of Kerala — Land Acquisition | 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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WEDNESDAY, THE 9^TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944

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WP(C) NO. 9683 OF 2020

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PETITIONER:

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BAIJU.S.NAIR AGED 47 YEARS S/O. LATE SUKUMARAN NAIR, CHAIRMAN AND MANAGING DIRECTOR PRANAVAM RESORTS, KIDAPRAM, MUROE ISLANDS, KOLLAM KERALA 690 538

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BY ADV. C.B.SREEKUMAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

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2 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, CIVIL STATION, KOLLAM PIN 691 013

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3 THE INCIDENT COMMANDER/TAHASILDAR, TALUK OFFICE,KOLLAM, PIN 691 001

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4 THE VILLAGE OFFICER, MUNROETHURUTHU VILLAGE OFFICE, KOLLAM DISTRICT PIN 691 500

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BY ADV. AMMINIKUTTY K., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.9683 OF 2020

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JUDGMENT

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Dated this the 09^th day of November, 2022

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This writ petition was filed apprehending that the petitioner's building will be requisitioned for the purpose of Covid-19 related activities. Pending the writ petition, the building was requisitioned by the District Disaster Management Authority and returned to the petitioner's possession later.

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Learned Counsel for the petitioner submitted that, in view of the subsequent event, the petitioner is confining his relief to consideration of Ext.P4 claim for rent for the period during which the building was under requisition.

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Learned Government Pleader pointed out that Ext.P4 was filed way back on 04.10.2020 and there is no instruction with respect to the present status of petitioner's claim.

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Considering the limited relief sought, the writ petition is disposed of, directing the 2^nd respondent to consider Ext.P4 and pass a reasoned order thereon, in

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WP(C) NO.9683 OF 2020 3

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accordance with the provisions of Disaster Management Act, and the Rules thereunder. The order, as directed above, shall be issued within two months of receipt of a copy of this judgment. Once the order is issued, the same shall be communicated to the petitioner without delay.

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The above directions are subject to Ext.P4 being still pending before the 2^nd respondent and no orders having been passed thereon.

Sd/-

V.G.ARUN

JUDGE

NB/9-11

WP(C) NO.9683 OF 2020

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APPENDIX OF WP(C) 9683/2020

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PETITIONER’S EXHIBITS:

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EXHIBIT P1	TRUE COPY ORDER NO. G, 4-5912/20 OF THE 3RD RESPONDENT DATED 27/04/2020
EXHIBIT P2	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 28/04/2020
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 29/04/2020
EXHIBIT P4	TRUE COPY OF THE REQUEST AND INVOICE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.10.2020.
RESPONDENTS’	EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Baiju.S.Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Baiju.S.Nair v. State of Kerala

Case brief

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