Loss caused to the petitioner on account of mob attack . Court has jurisdiction under article 226 to the order payment of money in the nature of compensation consequential upon deprivation of fundamental right. [ P.Gangadhara Pillai vs. State of Kerala. AIR 1996 Ker 71 = 1995(2) KLJ 201. K.K.Usha (J)]
Damages - Negligence of police officials - State wide hartal - Finding that there was negligence on the part of the State authorities merely because the incident took place in which the hotel of the petitioner was looted and damaged is not correct -Order of the single judge, set aside - Distinction between payment of exgratia and damages - [State of Kerala vs P.Gangadhara Pillai. W.A.No. 1414 of 1995. Dated 13th November, 2001. B.N.Sreekrishna (CJ) & M.Ramachandran (J)]
Art. 226 - Fixation of damages should be with notice to the party - Board cannot unilaterally fix the damages - Parties are relegated to the civil remedies - no interference - - No steps should be taken for recovery of the amount on the basis of the Board order. [A.Mohammed Kunhi vs Executive Engineer. 2001 (3) KLT 733 = 2001 (2) KLJ 678. Dated 11th September, 2001. M.R.Hariharan Nair (J)]
Party to the contract cannot assess damages arising out of breach. Even if, there is a clause empowering the State to assess damages, an officer of the Government cannot assess damages. [Build Tech India vs. State of Kerala 2000 (2) KLJ 142. K.Narayana Kurup & K.V.Sankaranarayanan (J&J)]
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