IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 16967 of 2006(T) -------------------------------------- PETITIONER(S): ----------------------- BINU NINAN PHILIP, PAZHANGERIL PUTHENVEEDU, KUTTAPUZHA, THIRUVALLA. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENT(S): ------------------------- 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM REPRESENTED BY SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KOTTAYAM DIVISION, KANJIKUZHY, KOTTAYAM. 3. THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, COCHING HOUSING UNIT, KOCHI-16. ADV. SRI.P.C.IYPE, SC, KSHB FOR R1 TO 3 SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 TO R3 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16967/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ALLOTMENT ORDER DT. 22.3.88 ISSUED BY THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, KOCHI HOUSING UNIT, KOCHI TO THE PETITION. P2:- COPY OF THE AGREEMENT FOR SALE DT. 2.3.89 EXECUTED BETWEEN PETITIONER AND KERALA STATE HOUSING BOARD. P3:- COPY OF THE LETTER NO.DB-848/84 DT. 22.3.90 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4:- COPY OF THE LETTER NO.EC/GANDHINAGAR/NAR2000 DT. 4.4.00 ISSUED BY THE REGIONAL ENGINEER, HOUSING UNIT KOCHI OF THE KERALA STATE HOUSING BOARD TO THE PETITIONER. P5:- COPY OF THE LETTER NO.E1/SP/2/7(11) DT. 10.8.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P6:- COPY OF THE OBJECTION DT. 30.12.03 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P7:- COPY OF THE JUDGMENT DT. 16.11.04 WPC. NO.16251/04 OF THIS HONOURABLE COURT. P8:- COPY OF THE ARGUMENT NOTES DT. 21.12.04 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P9:- COPY OF THE LETTER NO.E1/SP.217/GHAS DT. 27.8.05 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P10:- COPY OF THE MINUTES OF THE MEETING CONDUCTED ON 30.12.04 BY THE 2ND RESPONDENT. P11:- COPY OF THE KERALA GAZETTE NOTIFICATION NO.4113/A1/85/HOUSING DT. 6.9.85. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.16967 OF 2006 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T Sri.A.Jayasankar takes notice for Kerala State Housing Board. This writ petition is filed mainly with the following prayer: i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to execute the sale deed pertaining to plot No.217 which has been allotted to the petitioner under the Gandhinagar Housing Extension Scheme forthwith. It is seen that the second respondent has considered the matter leading to Exhibit P9. Having regard to the entire facts and circumstances of the case, it is only appropriate that the third respondent considers the matter, with notice to the petitioner. 2. Accordingly, there will be a direction to the petitioner to file an appropriate representation before the third respondent for fresh consideration of the grievance, in which case, the third respondent will consider the matter, with notice to the petitioner, W.P.(C) No.16967/06 2 and take appropriate action thereon in accordance with law within another four months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.16967/06 3 KURIAN JOSEPH, J. W.P.(C) No. 16967 OF 2006 J U D G M E N T 22.10.2008