How Long Should Citizens Wait For Their Legitimate Rights? Kerala HC On Govt's Failure To Compensate Hotel Used As Isolation Ward During Covid-19

The plea was filed by a woman entrepreneur alleging an "indifferent and passive" attitude of the government in disbursing maintenance charges and damages for her hotel building which was taken over under the Disaster Management Act, 2005 for usage as isolation ward for persons returning from abroad and other States during the lockdown period.

Justice Devan Ramachandran orally stated that the government had a responsibility to disburse the quantified amount eligible to the petitioner. It enquired, “…This is March 2024, how long should a citizen wait for their legitimate rights?”

“Even though the counter affidavit filed by the District Collector, it is stated that the matter is pending before the government with respect to the damages assesses to the building of the petitioner. There is nothing on record to show what action had been taken thereafter…It is rather distressing that the government has not taken any decision thereafter…”, observed the Court.

It orally stated that the petitioner had given her hotel building under the statutory orders of the government under the Disaster Management Act, 2005. It stated that the government cannot now turn away from disbursing compensation. The Court also stated that the government should consider reducing litigations before the Court and it should work on its litigation policy by taking actions without delay and waiting for orders from the Court.

In her plea, the petitioner alleged that the electronic gadgets and furniture in the hotel building were in a damaged state and could not be used without replacing the furnishings. She submitted a representation before the Chief Minister to take immediate action. It was stated that pursuant to her representation, the District Collector had sought a report from the Municipal Secretary. She alleged that even though the joint committee constituted by the Municipal Secretary had forwarded a report to the District Collector for disbursement of compensation, no action positive action had been taken so far.

The Court has posted the matter for the government pleader to obtain further instructions regarding the decision taken by the government in this matter.

The plea was moved by Advocates Vineeth Komalachandran, T K Sreekala, Kalliyani Krishna B

Case title: R Rajalakshmi v State of Kerala

Case number: WPC No. 3497/2023