BY AD vs P.M.SANEER

THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 WP(C) NO. 19449 OF 2023 PETITIONER: R. SHAJI AGED 66 YEARS, (CHAIRMAN S.R. MEDICAL COLLEGE, & RESERCH CENTRE, VARKALA), RESIDING AT "DIVYAPRABHA", MARAPPALAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM RESPONDENTS: 1 2 3 4 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. THE DISTRICT COLLECTOR CIVIL STATION, THIRUVANNATHAPOURAM, PIN – 695 001. THE DEPUTY TAHSIDLAR THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM, PIN – 695 001. THE ADMISSION & FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION M.P. APPAN ROAD, VAZHUTHAKKAD, THIRUVANNATHAPURAM REP: BY ITS OFFICE MANAGER, PIN – 695 014. W.P.(C) No.6653 and 19449 of 2023 : 4 : BY ADVS. KURIAN GEORGE KANNANTHANAM. SR P. S. APPU, GOVERNMENT PLEDAER MARY BENJEMIN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, ALONG WITH WP(C).6653/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.6653 and 19449 of 2023 : 5 : JUDGMENT Dated this the 26th day of March, 2024 The claim in the writ petition is for compensation payable to the petitioner under Section 66 of the Disaster Management Act, 2005 for taking over their hospital, hostel, equipments and instruments, etc. during the Covid pandemic. Admittedly, amounts are due to the petitioner Trust, since their property had been used for the purpose of Covid recovery. Annexure R2(c) is the calculation made by the officers of the respondents.

2. The Government Pleader submits that amounts are due to the Government under different revenue recovery actions initiated against the petitioners. It is submitted that amounts are due under property tax to the Panchayat for which steps have been initiated for recovery and amounts are also due to the students, who were sent to other colleges.

3. The petitioner has produced Ext.P40 letter along with I.A No.1/2024 in W.P.(C) 6635/2024 wherein it is stated W.P.(C) No.6653 and 19449 of 2023 : 6 : that the amounts payable to students have been paid and no further amounts are due from the SR Medical Collage. As far as revenue recovery proceedings for recovery of property tax is concerned, it is submitted by the counsel for the petitioner that the proceedings have already been stayed by this Court. The Government is free to initiate any action for recovery of amounts due, but, that cannot be a reason for not paying the amounts which are admittedly due from the Government to the petitioners under the Disaster Management Act. In the above circumstances, the writ petition is disposal of with a direction to the respondents to pay the amounts which have been claimed in Annexure R2(c) to the petitioners within three months from today. AMR Sd/- T.R. RAVI JUDGE W.P.(C) No.6653 and 19449 of 2023 : 7 : APPENDIX OF WP(C) 6653/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 COPY TRUE ORDER OF NO.DDMA/01/2020/ COVID(5/1) DATED 16-3-2020 ISSUED BY THE 3RD RESPONDENT. THE TRUE COPY OF THE ORDER NO.A4-1875/20 DATED 13-5-2020 ISSUED BY THE 4TH RESPONDENT. TRUE COPY OF THE NOTICE NO.DDMA/01/2020/ DATED 18-5-2020. COVID TRUE COPY OF THE LETTER NO.C2- 2558/2020/ DMOH DATED 26-5-2020 ISSUED BY THE 6TH RESPONDENT. TRUE COPY OF THE REPLY NO.SRMCRC/2036/ COVID/2020 DATED 26-5-2020 6TH RESPONDENT. TRUE COPY OF THE ORDER NO.C4- 3604/2020(1) DATED 27-5-2020. TRUE COPY OF THE ORDER NO.A4-02/2020 DATED 3-6-2020 ISSUED BY THE 4TH RESPONDENT. TRUE COPY OF THE COMMUNICATION NO.DDMA/01/ 2020/ COVID/SRMEDICAL DATED 6-6-2020. COPY TRUE REPLY OF NO.E1/1247/SRMC/2020 DATED 11-6-2020 TO THE 3RD RESPONDENT. THE W.P.(C) No.6653 and 19449 of 2023 : 8 : Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 COPY TRUE ORDER OF NO.DDMA/01/2020/ COVID/SRMEDICAL DATED 15-7-2020. THE TRUE COPY OF THE ORDER NO.C4-3604/2020 DATED 23-12-2020 ISSUED BY THE 5TH RESPONDENT. TRUE COPY OF THE ORDER NO.A4-1039/2021 DATED 10-3-2021 OF THE SUPERINTENDENT OF THE TALUK HOSPITAL. TRUE COPY OF THE MINUTES OF THE MEETING OF DISTRICT COLLECTOR, TRIVANDRUM WITH PRIVATE MEDICAL COLLEGE MANAGEMENTS DATED 25-4-2021. Exhibit P14 TRUE COPY OF THE ORDER NO.DDMA/COVID/ 2020/ H3 DATED 21-5-2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P15 TRUE COPY OF THE MAHAZAR PREPARED BY THE DEPUTY TAHSILDAR ON 24-5-2021. Exhibit P16 Exhibit P17 TRUE COPY OF THE LETTER NO.SRMCRC/DDMA/ COVID/ 2021/531 DATED 31-5-2021 ALONG WITH ANNEXURE. TRUE COPY OF THE LETTER NO.A1-SRMCRC/DDMA/ COVID/2021/615 DATED 25-6-2021. Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED 10-8-2021`FROM THE PETITIONER. Exhibit P19 Exhibit P20 TRUE COPY OF THE REMINDER REPRESENTATION DATED 2-11-2021 FROM THE PETITIONER. COPY TRUE ORDER OF NO.DDMA/01/2020/ COVID/H2 DATED 5-11- 2021 . THE W.P.(C) No.6653 and 19449 of 2023 : 9 : Exhibit P21 Exhibit P22 Exhibit P23 A TRUE COPY OF THE COMMUNICATION DTD 12/11/2021 ISSUED BY THE CHERUNNIYOOR GRAMA PANCHAYT. A COPY OF THE JUDGMENT IN WP© NO 27889/2021 DATED 14/2/2022, OF THIS HON'BLE COURT. A COPY OF THE ORDER NO. H2-381140/2021 DATED 10/1/2023 ISSUED BY THE 2ND RESPONDENT. Exhibit P24 A COPY OF THE DECISION TAKEN BY THE PANCHAYAT DATED 1/11/2003. Exhibit P25 Exhibit P26 Exhibit P27 Exhibit P28 Exhibit P29 A COPY OF THE OWNERSHIP CERTIFICATE DATED 30/10/2004 ISSUED BY THE SECRETARY CHERINNIYOOR GRAMA PANCHAYAT TO THE PETITIONER. A COPY OF THE COMPLETION CERTIFICATE A10-40210/2005 DATED 06/06/2005 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. A COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY DATED 4/6/2005. A COPY OF THE CERTIFICATE NO. PCB/TVM- DO/BMW/2963/2006 DATED 29/5/2006 ISSUED BY THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD. A COPY OF THE BUILDING TAX RECEIPTS DATED 12/12/2006 ISSUED BY THE CHERUNNIYOOR GRAMA PANCHAYAT FOR THE PERIOD 2006-2007. Exhibit P30 A COPY OF THE CERTIFICATE DATED 4/6/2005 ISSUED BY THE BLOCK DEVELOPMENT OFFICE VARKKALA. W.P.(C) No.6653 and 19449 of 2023 : 10 : Exhibit P31 Exhibit P32 Exhibit P33 Exhibit P34 Exhibit P35 Exhibit P36 . A COPY OF THE CERTIFICATE NO.529/13 DATED 12/9/2013 ISSUED BY THE CHERUNNIYOOR VILLAGE OFFICER. A COPY OF THE BUILDING AGE CERTIFICATE NO 5023001/111/2022 DATED 27/6/2022 ISSUED BY THE GRAMA PANCHAYAT. A COPY OF THE BUILDING TAX RECEIPTS ISSUED BY THE CHERUNNIYOOR GRAMA PANCHAYAT FOR 2021-2022. A COPY OF THE CERTIFICATE DATED 27/6/2022 ISSUED BY THE CONSULTING STRUCTURAL ENGINEERING. A TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(RT)NO.1122/2023/H&FWD DATED 11-5-2023. A TRUE COPY OF THE RECOVERY/DEMAND NOTICE NO.RRC NO.2023/6864/01 DATED 25-5-2023 ISSUED BY THE DEPUTY TAHASILDAR THIRUVANANTHAPURAM TALUK. Exhibit P37 A TRUE COPY OF THE OBJECTION SUBMITTED TO COLLECTOR, DISTRICT NO.A1/SRMC/2023/0530 DATED 30/5/2023. THE RESPONDENTS’ EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY. CHERUNIYOOR GRAMA PANCHAYATH. EXHIBIT R2(b) TRUE COPY OF THE REPORT SUBMITTED BY THE SECRETARY, CHERUNIYOOR GRAMA PANCHAYATH. Annexure R2(a) A TRUE COPY OF THE REPORT SUBMITTED BY THE SECRETARY, CHERUNIYOOR GRAMA PANCHAYAT DATED 10-08-2023. W.P.(C) No.6653 and 19449 of 2023 : 11 : Annexure R2(b) A TRUE COPY OF THE RENT CERTIFICATE. Annexure R2(c) A TRUE COPY OF THE MINUTES OF THE RENT COMMITTEE WHICH WAS CONVENED ON 10-08-2023. Annexure R2(d) A TRUE COPY OF THE PROCEEDINGS DATED 16-03-2020. Annexure R2(e) A TRUE COPY OF THE REPORT DATED 09-08- 2023. Annexure R2(f) A TRUE COPY OF THE LETTER DATED 01-08- 2023. Annexure R2(g) A TRUE COPY OF THE LETTER DATED 17-06- 2023. Annexure R2(h) A TRUE COPY OF THE LETTER NO. H2- 381140/2021 DATED 30-12-2022. Annexure R2(i) A TRUE COPY OF THE LETTER SENT BY THE PETITIONER. Annexure R2(j) Annexure R2(k) TRUE COPY OF THE LETTER NO. DPMSU/8183/TVPM /2022 DATED 28-12-2022 OF THE DISTRICT PROGRAMME MANAGER, NHM, THIRUVANANTHAPURAM. TRUE COPY OF THE LETTER NO. DPMSU/NHM/5263/2023/TVPM DATED 11-08- 2023 OF THE DISTRICT PROGRAMME MANAGER, NHM THIRUVANANTHAPURAM. Annexure R2(l) A TRUE COPY OF THE REPORT NO.SC2/2401/2023 DATED 15-06-2023. Annexure R2(m) A TRUE COPY OF THE ORDER DATED 13-03- 2017. W.P.(C) No.6653 and 19449 of 2023 : 12 : APPENDIX OF WP(C) 19449/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 17- 6-2022 IN W.P(C)NO. 21486/2021 & CONNECTED CASES, OF THIS HON'BLE COURT. A TRUE COPY OF THE INTIMATION NO A1-SR TRUST/SRMCRC/MBBS/ASC/2021/0825 DATED 25-8-2021 ADDRESSED TO THE 4TH RESPONDENT. A TRUE COPY OF THE LETTER OF THE COMMITTEE MANGER S.B.I.VAZHUTHACAD TRIVANDRUM NO ASC100/16/MBBS/SRMCRC DATE 6-1-2023, OF AFRC. THE TO A TRUE COPY OF THE GOVERNMENT ORDER NO G.O.(MS)NO 1122/2023/H&FWD DATED 11-5- 2023, ISSUED BY THE 1ST RESPONDENT. A TRUE COPY OF THE RECOVERY/DEMAND NOTICE NO.RRC NO.2023/6864/01 DATED 25/5/2023 ISSUED BY THE DEPUTY TAHASILDAR THIRUVANANTHAPURAM TALUK. A TRUE COPY OF THE S.7 RRC NO.2023/6864/01 DATED 25-5-2023, ISSUED BY THE DEPUTY TAHASILDAR THIRUVANANTHAPURAM. A TRUE COPY OF THE OBJECTION SUBMITTED TO COLLECTOR, DISTRICT NO.A1/SRMC/2023/0530 DATED 30/5/2023. THE A TRUE COPY OF THE REPRESENTATION DATED 5-6-2023 ADDRESSED TO THE CHAIRMAN AFRC.