Kerala High Court
Manu Mathai vs State Of Kerala on 4 March, 2021
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WP(C).No.2214 OF 2021(B)
PETITIONER:
MANU MATHAI,
AGED 39 YEARS,
S/O.MATHAI, KURUVICHERANGARA, VEMOM P.O.,
MANANTHAVADY, WAYANAD DISTRICT - 670 645, PROPRIETOR
HOTEL WAYANAD SQUARE, MANANTHANWADY, NORTH WAYANAD,
PIN - 670 645.
BY ADVS.
SRI.SAJI.P.JOSEPH
SRI.K.T.SAJU
SRI.THANKARAJAN P.K.
SMT.G.MINI (PALATH)
SMT.A.SEENA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANCE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHAIRMAN, CIVIL STATION, KALPETTA,
WAYANAD - 673 212.
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KALPETTA, WAYANAD - 673 212.
4 THE MANANTHAVADY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
WAYANAD DISTRICT, PIN - 673 121.
BY ADV. SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2214 OF 2021(B)
2
JUDGMENT
Hotel Wayanad Square, of which petitioner is the proprietor, was taken over under the Disaster Management Act for converting the same as a COVID First Line Retreatment Centre, as per Ext.P2 order dated 24.03.2020. It is stated that the Hotel was released to the petitioner on 09.11.2020. This writ petition is filed seeking a direction to the respondents 1 to 3 to fix the compensation as per Section 66 of the Disaster Management Act and to release the same to the petitioner.
2. The learned Government Pleader on instructions submitted that a total sum of Rs.4,70,994/- was paid to the petitioner in different spells, as on 30.01.2021. The petitioner claims that he is entitled to payment at higher rate. If that be so, the petitioner can resort to provisions for WP(C).No.2214 OF 2021(B) 3 arbitration as provided under Section 66 of the Disaster Management Act.
Accordingly, the writ petition is disposed of with liberty to petitioner to approach the appropriate forum, in accordance with law.
Sd/-
P.V.ASHA JUDGE WW WP(C).No.2214 OF 2021(B) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.2909/2020/DMI DATED 23/03/2020.
EXHIBIT P2 TRUE COPY OF THE HANDING OVER NOTE DATED 24/03/2020.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 16/04/2020. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 11/06/2020. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 05/09/2020. EXHIBIT P6 TRUE COPY OF THE ORDER NO.DMI 2909/2020/ DCWYD DATED 17/10/2020.
EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE NODAL OFFICER, CFLTC MANAGING COMMITTEE, MANANTHAVADY DATED 25/10/2020. EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE SENIOR BRANCH MANAGER OF PUNJAB NATIONAL BANK, DATED 02/11/2020.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.DM12909/2020/ DCWYD DATED 04/11/2020 WITH TYPED COPY. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 19/11/2020.