The petitioner must be afforded a hearing before rent fixation for requisitioned property and can seek compensation under the Disaster Management Act.

JUDGMENT

Dated this the 08th day of August, 2022 The Society of which the petitioner is a Director is conducting an educational institution approved by the All India Council for Technical Education. On 17.3.2020, the Tahsildar Nedumangad issued notice to the petitioner informing that the hostel building of the institution is being requisitioned for Covid related activities. Thereafter, the building was taken over for the period from March 2020 to November 2020. The building was again requisitioned and used as Covid First Line treatment center from 27.4.2020 to 30.10.2021. The petitioner’s grievance is regarding non-payment of electricity and water charges as well as rent for the afore mentioned periods.

2.Learned counsel for the petitioner submitted that, even though the hostel building alone was requisitioned, the petitioner was disabled from using the property where the Engineering College is situated. Therefore, over and above the rent, the respondents are bound to pay compensation also.

3.Learned Government Pleader submits, on instructions, that, as regards the claim for water and electricity charges, the petitioner has to approach the Vellanad Grama Panchayat / 4th respondent. With respect to the claim for rent, it is submitted that the process is on going. Land value certificate has been issued by the Tahsildar and the Panchayat has to issue the age certificate for the building. Presently, the file has been forwarded to the Public Works Department for fixing the rent. Thereafter, the rent committee will take a final decision regarding the rent payable to the petitioner. It is submitted that all efforts are being taken to complete the process in a time bound manner.

4.Learned counsel for the petitioner submits that in view of the petitioner's claim for compensation, he should be afforded an opportunity for hearing before fixing the rent.

The writ petition is accordingly disposed of, directing the 3rd respondent to fix the rent for the petitioner’s buildings after affording an opportunity of hearing to the petitioner. The decision in that regard shall be taken within four months of receipt of a copy of this judgment. If the petitioner's claim for compensation subsists even after fixation of rent, he can resort to the remedy provided under Section 66 of the Disaster Management Act .

Sd/-

V.G ARUN JUDGE

SJ

APPENDIX OF WP(C) 22827/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE TAHASILDAR, NEDUMANGAD DATED 17-03-2020.

Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE VILLAGE OFFICER, VELLANAD DATED 18-03-

2020.

Exhibit P3 THE TRUE COPY OF THE ORDER ISSUED BY THE

1ST RESPONDENT DATED 25/06/2020 BEARING NO. G.O.(MS) NO.21/2020/DMD.

Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY THE

3RD RESPONDENT ORDER NO.DDMA/1/2020 COVID DATED 19.8.2020.

Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 3 NOVEMBER 2020 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 28-02-2022.

Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 11/04/2022 TO THE 3RD RESPONDENT.

Exhibit P8 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED

10/06/2022 THE 3RD RESPONDENT.