Avulan Abdulla vs. The State Of Kerala

WP(C)/7202/2021HC KeralaGSTCNR KLHC01018814202121 February 2022Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN5 pages

For Respondent: SRI.JOBY JOSEPH, GP

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Facts

The petitioner, Avulan Abdulla, filed a writ petition seeking payment of the full bill amount of Rs. 34,01,950/- for the rent of his Tourist Home, which was taken over by the District Disaster Management Authority (respondents 2 and 3) for COVID management activities. The period for which the property was utilized was from June 6, 2020, to November 8, 2020. The petitioner also sought an alternative prayer for payment of rent at a specified rate per room per night, along with compensatory costs and interest for expenses incurred on repairs and delayed payment. The respondents, represented by the Government Pleader, stated that an amount of Rs. 18,27,000/- was sanctioned as compensation and Rs. 81,903/- for electricity and water charges for the period between June 9, 2020, and November 8, 2020.

Held

The Court acknowledged the petitioner's grievance regarding the quantum of compensation and the calculation of the period, stating that this question would be left open. However, the Court directed the respondents (2 to 4) to disburse the admitted amount of Rs. 18,27,000/- as compensation and Rs. 81,903/- towards electricity and water charges to the petitioner. This disbursement was to be done expeditiously, at any rate, within one month from the date of the order. All other contentions of the petitioner concerning the quantum of compensation and the period calculation by the authorities were expressly left open for the petitioner to challenge separately. The Court did not make any specific findings or grant relief regarding compensatory costs and interest.

Key Issues

1. Whether the respondents are liable to pay the entire bill amount of Rs. 34,01,950/- submitted by the petitioner for the rent of his Tourist Home utilized for disaster management activities? 2. Whether the petitioner is entitled to an alternative claim for rent at the rate of Rs. 500/- per room per person per night, based on his records, for the period from June 6, 2020, to November 8, 2020? 3. Whether the petitioner is entitled to compensatory costs and interest for expenses incurred on repairs and for the delay in payment? Petitioner's Arguments: The petitioner contended that the full bill amount of Rs. 34,01,950/- is due. Alternatively, he sought payment based on a specified rate per room per night and compensation for repair costs and delayed payment. Revenue's Arguments: The respondents submitted that Rs. 18,27,000/- was sanctioned as compensation and Rs. 81,903/- for electricity and water charges for the period from June 9, 2020, to November 8, 2020. The petitioner has a grievance regarding the quantum of compensation and the calculation of the period.

Sections Cited

Disaster Management Act, 2005

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Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 21ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 WP(C) NO. 7202 OF 2021 PETITIONER/S: AVULAN ABDULLA, AGED 59 YEARS S/O. HYDRU, SABNA MANZIL, ACHIPPILAKKAL, KARUVAMBRAM P.O., MANJERI, MALAPPURAM DISTRICT- 676 123. BY ADVS. ABDUL JAWAD K. SRI.ABDUL MAJEED.N SMT.A.GRANCY JOSE RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DISASTER MANAGEMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DISTRICT DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN (DISTRICT COLLECTOR), COLLECTORATE, MALAPPURAM DISTRICT- 676 505. 3 THE DISTRICT COLLECTOR COLLECTORATE, MALAPPURAM-676 505. 4 THE TAHSILDAR, TALUK OFFICE, MANJERI, MALAPPURAM DISTRICT-676 517. OTHER PRESENT: SRI.JOBY JOSEPH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(C). No. 7202 of 2021 P.V.KUNHIKRISHNAN, J. ================================================= W.P. (C) No. 7202 of 2021 ============================================================= Dated this the 21st day of February, 2022

JUDGMENT The above writ petition is filed with following prayers: “(i) To issue a writ of mandamus commanding the 2nd and 3rd respondents to pay the whole bill amount of Rs.34,01,950/- covered by Ext.P3 series and other bills submitted by the petitioner towards the rent of his Tourist Home in full, forthwith. (ii) In the alternative, to issue a writ of mandamus commanding the 2nd and 3rd respondents to pay rent at rate of Rs.500/- per room per person for a night based on the records maintained by the petitioner for the period covering from 06/06/2020 to 08/11/2020, in terms of Ext-P4. (iii) To issue a writ of mandamus or any other appropriate writ order or direction to 2nd and 3rd respondents to grant compensatory cost and interest apart from the rent payable in view of the amount spent by the petitioner for repairing of building and the movable properties of the Tourist Home and the delay for payment (iv) Issue any such other writ order or direction as this Hon’ble Court deem fit in the interest of justice.” (Sic)

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The grievance of the petitioner is that the amount due to the petitioner towards rent, electricity and water charges is not paid, even though the building of the petitioner was taken over as per the Disaster Management Act, 2005 for the period from 06.06.2020 to 08.11.2020. 3. Today when the matter came up for consideration, the learned Government Pleader submitted that as far as the “Safa Tourist Home”, which was taken over by the District Administration for Covid management activities, the authorities sanctioned Rs.18,27,000/- as compensation and Rs.81,903/- towards electricity and water charges for the period between 09.06.2020 and 08.11.2020. 4. The learned counsel for the petitioner submitted that the petitioner has got some grievance about the quantum of compensation and the calculation of period. That question may be left open.

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The petitioner is free to challenge the same. But the respondents will pay the admitted amount as mentioned above within one month. Therefore, this writ petition is disposed of in the following manner:

Respondents 2 to 4 will disburse the amount of Rs.18,27,000/- as compensation and Rs.81,903/- towards electricity and water charges to the petitioner, as expeditiously as possible, at any rate, within one month from today.

All other contentions of the petitioner regarding the quantum of compensation and the calculation of period by the authorities are left open. P.V.KUNHIKRISHNAN JUDGE das

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Appendix — schedule of exhibits

APPENDIX OF WP(C) 7202/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 6.6.2020. EXHIBIT P2 TRUE COPY OF THE RETURN SUBMITTED BY THE PETITIONER IN FORM GSTR-3B FOR THE MONTH OF JULY, 2020. EXHIBIT P2(A) TRUE COPY OF THE RETURN SUBMITTED BY THE PETITIONER IN FORM GSTR-3B FOR THE MONTH OF OCTOBER, 2020. EXHIBIT P3 TRUE COPY OF THE COVERING LETTER DATED 27.8.2020 ADDRESSED TO 2ND AND 3RD RESPONDENT. EXHIBIT P3(A) TRUE COPY OF THE COVERING LETTER DATED 9.10.2020 ADDRESSED TO 2ND AND 3RD RESPONDENT. EXHIBIT P3(B) TRUE COPY OF THE COVERING LETTER DATED 11.11.2020 ADDRESSED TO 2ND AND 3RD RESPONDENT. EXHIBIT P3(C) TRUE COPY OF THE COVERING LETTER DATED 12.11.2020 ADDRESSED TO 2ND AND 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE G.O.(MS)NO.22/2020/DMD, DATED 26.6.2020, ISSUED BY THE IST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 8.9.2020 OF THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 28.9.2020 OF THE EXECUTIVE ENGINEER PWD BUILDING SECTION, MALAPPURAM. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 8.10.2020 SUBMITTED BY THE PETITIONER

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.