IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WA.No. 1500 of 2009 ---------------------------- AGAINST THE JUDGEMENT IN WPC.18252/2007 Dated 04/06/2009 .................... APPELLANT/PETITIONER ------------------------------------ USHA JACOB, AGED 58, W/O.JACOB, 29/30-A, S.A.ROAD, KOCHI-19. BY ADV. SRI.P.GEORGE VARGHESE RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT, HOME (C) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. SHERISTADAR, DISTRICT COURT, ERNAKULAM. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1500 of 2009 ------------------------------------------ Dated, this the 14th day of July, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. The writ petition was filed for a direction to the Government to consider Ext.P5 representation in the matter of fixation of rent. The learned Single Judge dismissed the writ petition holding that the issue was the subject matter of an earlier round of litigation in W.P.(C) No.10974 of 2006. However, the learned Single Judge has reserved liberty to the petitioner to take recourse to the civil remedy. 2. Learned counsel appearing for the appellant submits that since Ext.P5 representation is pending before the Government, the appellant may be given an opportunity to pursue the Government itself to take a decision on Ext.P5. We also find that what was pursued by the appellant/petitioner in an earlier round leading to Ext.P4 judgment in W.P.(C) No.10974 of 2006 was only pertaining to arrears of rent. W.A.No.1500 of 2009 - 2 - 3. In the above circumstances, we set aside the judgment of the learned Single Judge and dispose of the writ petition directing the first respondent to consider Ext.P5 representation and pass appropriate orders in accordance with law with notice to the appellant/petitioner within a period of four months from the date of receipt of a copy of this judgment. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns