CHANDRABOSE,MUDUTHUKKUDY VEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to quash Ext.P8 order passed by the District Collector and Chairman, District Disaster Management Authority, directing the petitioners to stop the functioning of the Resort situated in Survey No.35/24 of Pallivasal Village, Munnar, Idukki District. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioners are jointly conducting a resort in the name of 'Green Mansion Resort' at Pallivasal Village near Munnar, since 2012. The resort is situated at a site which has been built upon and occupied since 1993. Though originally a residential house, later the building was developed into a three-storied one, after securing necessary permits and plans, and has been converted into a lodging house since 2011 itself. Licence to conduct such lodging house has been obtained from the Panchayat and the petitioners have been conducting their resort without giving any room for complaint from any quarters for the past more than six years. However, according to the petitioners, without affording any notice or opportunity of hearing to the petitioners, the District Disaster Management Authority, Idukki, has unilaterally arrived at a conclusion that the petitioners' resort alone among the more than 30 buildings occupying the very same geological plate in Pallivasal, is likely to suffer damage in case of landslide occurs, and therefore, ordered to shut down.

(3.) The case of the petitioners is that, none of the other nearby resorts have been served with such an order, nor any anticipatory action is taken to safeguard any one of the adjoining Government buildings. Even though petitioners have sought for an explanation as to how their resort is adjudged to be in imminent danger, respondents have consistently refused to afford any reasons. Therefore, according to the petitioners, the entire action of the respondents is arbitrary and illegal, liable to be interfered with by this Court.