IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36861 of 2009(C) -------------------------- PETITIONER(S): --------------- O.PARAMASIVAN, S/O. OORKAVALAN, AGED 56 YEARS, RESIDING AT GOVERNMENT PWD QUARTERS DEVIKULAM ROAD, MUNNAR, IDUKKI DISTRICT, SENIOR MECHANIC (RETD), OFFICE OF THE AGRICULTURE, KOTTAYAM. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------- 1. THE SUB COLLECTOR,DEVIKULAM, OFFICE OF THE SUB COLLECTOR, DEVIKULAM. 2. THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE, VILLAGE OFFICE, DEVIKULAM P.O., IDUKKI DISTRICT. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.36861 of 2009 (C) --------------------------------- Dated, this the 21st day of December, 2009 J U D G M E N T The petitioner was a Senior Mechanic in the Agricultural Department, who retired from service on 30/04/2008. While in service, by Ext.P1 order, he was allotted a quarters. Even after his retirement, he did not vacate the quarters, and finally he has now been issued Ext.P3 notice dated 15/12/2009 informing that if he does not vacate the quarters, he will be evicted. It is thereupon that this writ petition is filed. 2. The first contention raised is that in view of the non- payment of DCRG, he is not in a position to find out an alternate accommodation. As rightly pointed out by the learned Government Pleader, unless the petitioner vacates the quarters, he cannot get payment as sought for. Therefore, this contention has no merit. 3. However, having regard to the submissions made by the counsel for the petitioner that his daughter is now undergoing treatment for Chickenpox, it is directed that the petitioner will be WP(C) No.36861/2009 -2- given one month time from today to vacate the quarters, subject to condition that the petitioner will execute an undertaking before the 2nd respondent to the effect that he will vacate the quarters on or before 15/01/2010. It is directed that if such an undertaking is executed before 24/12/2009, Ext.P3 shall not be implemented till 15/01/2010. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg