IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 13211 of 2009(V) -------------------------- PETITIONER: --------------- S.MALSIRAJ, SUB ENGINEER, INVESTIGATION SUB DIVISION, KSEB, MUNNAR. BY ADV. MR. T.A.SHAJI RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B, B & R SUB-DIVISION, PALLIVASAL EXTENTION SCHEME, MUNNAR. 2. THE EXECUTIVE ENGINEER, HEAD WORKS & TUNNEL DIVISION, PALLIVASAL EXTENTION SCHEME, MUNNAR. 3. THE DEPUTY CHIEF ENGINEER, INVESTIGATION CIRCLE, VYDYUTHI BHAVANAM, THRISSUR - 680 004. 4. K.S.E.B, REPRESENTED BY SECRETARY. 5. M.PERUMAL, DRIVER, K.S.E.B INVESTIGATION SUB - DIVISION, MUNNAR. BY MR. THAJUDHEEN, STANDING COUNSEL, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C) No. 13211 of 2009 APPENDIX PETITIONER'S EXHBITIS : EXHIBIT P1 : TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 1.11.2008 EXHIBIT P2 : TRUE COPY OF THE REPRESENTATON DATED 30.12.2008 BY THE PETITIONER EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 28.2.2009 OF THE 2ND RESPONDENT EXHIBIT P4 : TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 27.3.2009 EXHIBIT P5 : TRUE COPY OF THE MEMO ISSUED BY THE 3RD RESPON- DENT DATED 08.04.2009 EXHIBIT P6 : TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 30.04.2009 EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 02.05.2009 /TRUE COPY/ P.A. TO JUDGE+ P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 13211 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th day of May, 2009 JUDGMENT The petitioner has approached this Court mainly for quashing Ext.P3 to Ext.P6 to the extent the petitioner is directed to vacate the present C5 quarter and also to the extent penal rent is sought to be recovered and disciplinary proceedings are proposed to be taken against the petitioner. 2. The learned counsel for the petitioner submits that the petitioner is actually eligible for 'E' type quarter and that necessary request has already been made by him in this regard, before the departmental authorities. The learned standing counsel appearing for the Board, submits that Ext.P7 representation preferred by the petitioner is pending consideration. 3. After considering the facts and circumstances, the matter is disposed of directing the third respondent to consider Ext.P7 representation preferred by the petitioner for redressal of his grievances and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within a period of three weeks. Till such time, the petitioner shall not be vacated from the present quarter occupied by him. P. R. RAMACHANDRA MENON, JUDGE kmd