IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 30331 of 2009(J) ------------------------------------- PETITIONER(S): -------------------- K.C.JOHN, S/O.K.J.CHERIAN, AGED 73 YEARS, 'SHALON', S.V.COLONY ROAD, ASHOKAPURAM, KOZHIKODE-1. BY ADVS.MR.P.V.KUNHIKRISHNAN MR.HANSON.P.MATHEW RESPONDENT(S): -------------------------- 1. ADMINISTRATIVE OFFICER, KERALA STATE HOUSING BOARD, KOZHIKODE. 2. REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, REGIONAL OFFICE, KOZHIKODE. 3. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. *ADDL. R4 IMPLEADED 4. B.SREEKUMAR, CHIEF EXECUTIVE, GAMES ADVERTISING, G-107, IST FLOOR, 28/60 A, PARAMPILLY NAGAR, COCHIN 682 036. *ADDL. R4 IS IMPLEADED AS PER ORDER DTD. 5.11.09 IN IA. 13847/09. R1 & R3 BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30331/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DTD. 21.11.90 EXECUTED BETWEEN B.SREEKUMAR AND THE HOUSING BOARD. P2:- COPY OF THE LETTER DTD. 22.3.05 SENT BY B.SREEKUMAR TO THE 2ND RESPONDENT. P3:- COPY OF THE LETTER DTD. 22.3.05 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. P4:- COPY OF THE LETTER DTD. 2.4.05 ISSUED BY THE 2ND RESPONDENT TO B.SREEKUMAR. P5:- COPY OF THE AFFIDAVIT DTD. 7.12.2005 GIVEN TO THE RESPONDENTS BY THE PETITIONER. P6:- COPY OF THE REGISTERED IRREVOCABLE POWER OF ATTORNEY EXECUTED BY B.SREEKUMAR IN FAVOUR OF THE PETITIONER. P7:- COPY OF THE LETTER DTD. 21.8.07 SENT BY B.SREEKUMAR TO THE RESPONDENT. P8:- COPY OF THE DEED OF AGREEMENT FOR SALE DT. 21.3.05 EXECTED BETWEEN MR.SREEKUMAR AND THE PETITIONER. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30331/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of February, 2010 J U D G M E N T By Ext.P1 agreement executed between the third respondent-Kerala State Housing Board and the additional fourth respondent, one flat is alloted to the additional fourth respondent, as per the Belathikulam Housing Accommodation Scheme, by the Board. Later, it was transferred in the name of the petitioner by the additional fourth respondent with information to the third respondent- Board. Ext.P2 is the copy of the letter forwarded to the Board and by Ext.P3 permission was also sought for by the petitioner. Subsequent communications followed and later, since delay occurred, the additional fourth respondent executed Ext.P6 Power of Attorney in favour of the petitioner, enabling the petitioner to make necessary application to get the property transferred in his name. This is confirmed by the additional fourth respondent by letter dated 21/08/2007 (Ext.P7). 2. In the writ petition, the petitioner had indicated that he is prepared to pay dues, if any, to be paid by the additional fourth respondent. The relief sought for in the writ petition is to direct the respondent-Board to register W.P.(C). No.30331/2009 -:2:- Flat EF4-5312 of the Belathikulam Housing Scheme in the name of the petitioner. 3. The learned Standing Counsel for the Board has filed a statement. It is mentioned in paragraph (5) that in the Board meeting dated 07/10/1995, a policy decision has been taken to allow transfer of allotment to persons other than relatives subject to the fulfillment of certain conditions. One of the conditions is that the allottee has to complete the payment of tentative cost/final cost as the case may be, including any payment made on behalf of the allottee by the Board as per Clause 18 of the agreement before effecting transfer of allotment. In the case of Flat No.EF4-5312 an amount of Rs.25,992/- was due to the Board as on 31/12/1998 towards the building tax remitted by the Board on behalf of the allottee. A demand notice was sent to Shri B.Sreekumar by the Board vide letter No.S3/2455/82/Volum.II/cor tax dated 10/12/1998. But so far the allottee has not complied the demand made by the Board. 4. The learned counsel for the petitioner submitted that he will remit Rs.25,992/- or any other dues to be remitted by the additional fourth respondent within two weeks and on such payment, the Board may be directed to register the flat in the name of the petitioner. W.P.(C). No.30331/2009 -:3:- 5. Even though the additional fourth respondent was served notice in the writ petition, he has not appeared disputing the claims of the petitioner. 6. It is pointed out by the learned Standing Counsel that in various documents, the Calicut address of the additional fourth respondent is shown. 7. Since he has not opposed the claim and he has already issued a Power of Attorney, no dispute has been raised by him in the matter. Merely because the Cochin address is shown in the writ petition, that cannot be a ground to deny the benefit to the petitioner. 8. In view of the averments in the statement and the willingness expressed by the petitioner as above, there will be a direction to the petitioner to remit Rs.25,992/- or any other payments required to be made by the additional fourth respondent to the Board within a period of three weeks. Respondent Nos.1 to 3 will take steps to register the flat No.EF4-5312 in the name of the petitioner within a further period of one month thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms