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2022 Supreme(Online)(KER) 11459

HIGH COURT OF KERALA
CHIYYUR L.P. SCHOOL – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

This writ petition is filed raising a complaint that, despite requisition of the petitioner's vehicle based on the orders of the 3rd respondent-Disaster Management Authority, and putting the vehicle to use, the eligible compensation is not being disbursed. Learned Counsel for the petitioner relied on Section 66 of the Disaster Management Act to contend that the 3rd respondent is bound to effect the payment. It is also alleged that the vehicle sustained intensive damage while it was used by the respondents.

2. Learned Government Pleader submitted that the question of payment would arise only on the petitioner submitting the request for compensation within time and even then, final decision on the application should be left to the discretion of the authority.

3. Heard the learned Standing Counsel for the Panchayat also, who submitted that the petitioner's vehicle was requisitioned on the direction of the 3rd respondent.

4. Having heard the learned Counsel and having carefully perused Section 66 of the Disaster Management Act, the writ petition is disposed of directing the 3rd respondent to consider the reply submitted by the petitioner and to pass appropriate orders on the peti

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