SR EDUCATIONAL & CHARITABLE TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, which is an educational agency running a Medical College and Dental College, has filed this writ petition seeking to quash Ext.P23 and to direct the respondents to determine the compensation payable to the petitioner for taking over their Hospital, Hostel, the equipments and instruments, under the provisions of the Disaster Management Act, 2005 and to disburse the compensation amounts forthwith.

(2.) The petitioner states that by Ext.P1 order dtd. 16/3/2020, the petitioner was directed to handover the petitioner's Medical College with all existing human and material resources to the DMO, Thiruvananthapuram. Ext.P1 was issued under Ss. 26, 30 and 34 of the Disaster Management Act, 2005. The Secretary to Cherunniyoor Grama Panchayat required the petitioner to handover keys of the rooms on the 6th floor and to provide three cleaning staff maintaining Covid protocol, as per Ext.P2. By Ext.P3, the petitioner was required to repair the lift. By Ext.P4, the DMO required the petitioner to handover the entire facility of the College. The petitioner co-operated.

(3.) No rent or compensation was paid to the petitioner. The petitioner therefore computed the compensation/rent based on the Technical Circular dtd. 25/5/2021 issued by the PWD and submitted Ext.P18 representation dtd. 10/8/2021. Detailed calculation of compensation was attached. About Rs.46.00 Crores is due to the petitioner. Thereafter, the District Collector directed to close down the Covid First Line and Second Line Treatment Centres, as per Ext.P20 order dtd. 5/11/2021. Thereafter, the 4th respondent conducted fumigation in the Hospital and the Hospital was handed over to the petitioner as can be seen from Ext.P21 communication dtd. 12/11/2021. The 2nd respondent on 10/1/2023 has passed Ext.P23 order rejecting the claims of the petitioner and holding that the petitioner is not entitled to any compensation as the building constructed for the Medical College is unauthorised. Ext.P23 order is under challenge.