Owner of a Kozhikode building destroyed in the 2007 SM Street fire-cracker blast sought compensation of Rs.5.40 crores through a pending representation before the District Disaster Management Authority. The court directed the fourth respondent to decide the representation with a reasoned order within two months after hearing the petitioner.
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 MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF JULY 2024 / 20TH ASHADHA, 1946 WP(C) NO. 13057 OF 2021
PETITIONER/S:
JAGADEESH K.T. AGED 58 YEARS S/O APPOOTTY,"KERALA STATE",18/1039,P/O,.PUTHIYARA JAIL ROAD, KOZHIKODE,PIN-673004.
BY ADVS. PRAVEEN K. JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA
RESPONDENT/S:
W.P.(C) No.13057 of 2021
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TALUK OFFICE, KOZHIKODE, CIVIL STATION, KOZHIKODE-673 020.
9 THE SECRETARY MUNICIPAL CORPORATION, MUNICIPAL OFFICE, KOZHIKODE-673 032. BY ADVS. BINDUMOL JOSEPH SRIVIDYA K
OTHER PRESENT:
SMT. DEEPA NARAYANAN, SR. GP. & SRI. V. KRISHNA MENON, SC. FOR KOZHIKODE MUNICIPAL CORPORATION.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.13057 of 2021
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JUDGMENT
Dated this the 11th day of July, 2024
The first petitioner is the owner of a
building in SMS Street in Kozhikode city. In the year 2007, a huge blast and fire occurred in SM Street, when a shop storing fire crackers caught
fire. The petitioner's building was gutted and
razed to the ground in that incident. The petitioners thereupon approached revenue
authorities, seeking compensation for the loss sustained.
referred to Ext.P2 report of the Village Officer to point out the extent of damages sustained to the building. According to the Counsel, though the loss is more than Rs.5 Crores, it is assessed
at a lower amount and even the amount as per the assessment has not been disbursed. The petitioner
W.P.(C) No.13057 of 2021
therefore submitted Ext.P13 representation before
the Disaster Management Authority seeking compensation of Rs.5.40 Crores. The Authority having failed to take a decision on Ext.P13,
this writ petition is filed.
since the respondents were not able to submit regarding the status of Ext.P13 representation.
The writ petition is hence disposed of, directing the fourth respondent to take up Ext.P13 representation and pass a reasoned order thereon within two months, after affording an
W.P.(C) No.13057 of 2021
opportunity of hearing to the petitioner. If Ext.P13 has been forwarded to the office of the Land Revenue Commissioner, the representation and related files shall be called back for passing the order, as directed above. To effectuate proper consideration of the representation, the petitioner shall produce a copy of this writ petition along with certified copy of the judgment.
V.G.ARUN JUDGE
Scl/
W.P.(C) No.13057 of 2021
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APPENDIX OF WP(C) 13057/2021
PETITIONER EXHIBITS
| Exhibit P2 | TRUE BY |
PHOTOCOPY OF THE REPORT FORWARDED THE 8TH RESPONDENT TO 7TH |
|---|---|---|
| RESPO | NDENT DATED 07.09.2007 | |
| Exhibit P3 | TRUE CABIN |
COPY OF THE PROCEEDINGS OF THE ET MEETING DATED 10.10.2007 |
| Exhibit P4 | TRUE THE 5 DATED |
PHOTOCOPY OF THE REPLY SENT BY TH RESPONDENT WITH NO.N-14834/07 03.01.2008 |
| Exhibit P5 | TRUE | PHOTOCOPY OF THE LETTER DATED |
| 01.03 RESPO |
.2008 ISSUED BY THE 4TH NDENT TO THE 2ND RESPONDENT |
|
| Exhibit P6 | TRUE THE 4 DATED |
PHOTOCOPY OF THE LETTER ISSUED BY TH RESPONDENT WITH NO.N3-8979/08 27.01.2009 |
| Exhibit P7 | TRUE 4TH DATED |
COPY OF THE LETTER ISSUED BY THE RESPONDENT WITH NO.N2/6369/10 05.02.2010 |
| Exhibit P8 | TRUE NO.N2 |
PHOTOCOPY OF THE LETTER WITH /8122/09 DATED 03.11.2011 ISSUED |
| BY CONVE |
THE 4TH RESPONDENT TO THE NER,M.P.ROAD SAMRAKSHANA SAMITHI |
|
| Exhibit P9 | TRUE | PHOTOCOPY OF REQUEST SUBMITTED |
| BEFOR 08.09 |
E THE 4TH RESPONDENT DATED .2009. |
|
| Exhibit P10 | TRUE SUBMI DATED |
PHOTOCOPY OF THE REQUEST TTED BEFORE THE 4TH RESPONDENT 02.12.2011 |
| Exhibit P11 | TREU SUBMI DATED |
PHOTOCOPY OF THE REQUEST TTED BEFORE THE 4TH RESPONDENT 17.12.2011 |
| Exhibit P12 | TRUE | PHOTOCOPY OF THE LIST OF SM |
| STREE DISTR |
T REHABILITATION FUND IBUTION |
|
| Exhibit P13 | TRUE | PHOTOCOPY OF THE REPRESENTATION |
| SUBMI DATED |
TTED BEFORE THE 4TH RESPONDENT 17.07.2021. |
W.P.(C) No.13057 of 2021
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RESPONDENT EXHIBITS Exhibit P1
TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY THE FIRE AND RESCUE SERVICES DEPARTMENT WITH NO.40/07
1 issue framed by the court
Whether the District Disaster Management Authority must decide the petitioner's representation seeking compensation for a building gutted in the 2007 fire at SM Street, Kozhikode.
Jagadeesh K.T.
State of Kerala
The Principal Secretary, Revenue and Disaster Management Department
The Commissioner, Kerala State Disaster Management Authority
The District Collector (Chairman), District Disaster Management Authority, Kozhikode
The Deputy Collector (Chief Executive Officer), District Disaster Management Authority, Kozhikode
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
