IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 21123 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------- SMT. GLADIS CLETUS, AGED 56 YEARS, D/O. ANTONY, THUNDIPARAMBIL HOUSE, KOCHI, NOW RESIDING AT FLAT NO.107/CF6, AISWARYA NAGAR, THAIKKATTUKARA, ALUVA. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL SMT.BIMALA BABY RESPONDENT(S): -------------------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE ADMINISTRATIVE OFFICER, KOCHI HOUSING UNIT, KERALA STATE HOUSING BOARD, PANAMPILLY NAGAR, KOCHI-682 036. ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB BY ADV. SRI.A.JAYANSANKER, SC FOR KSHB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.21123/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER PASSED ON 28.9.2007 BY THE OFFICE OF THE 2ND RESPONDENT. P2:- COPY OF THE TRANSFER AGREEMENT WHICH WAS APPROVED BY THE 2ND RESPONDENT BY EXT.P1. RESPONDENT'S EXHIBITS R1:- COPY OF THE STATEMENT OF ACCOUNTS. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 21123 of 2011 M ``````````````````````````````````````````````````````````` Dated this the 8th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Flat No.CF6/107 constructed by the respondents at Aiswarya Nagar, Thaikkattukara, Aluva was originally allotted to one Sri.T.A.Mohammed Saly and an agreement dated 02.06.1993 was executed between the parties. Subsequently, transfer agreement dated 29.09.2007 was entered into between the petitioner, the aforesaid allottee, and the Housing Board, whereby the allotment originally made was transferred in favour of the petitioner. According to the petitioner, though she has made payment of the entire dues demanded by the respondents, sale deed has not been registered so far and with that complaint, this writ petition has been filed with a prayer requiring respondents 1 and 2 to register the aforesaid flat which is in the occupation of the petitioner. 2. A statement has been filed on behalf of the W.P.(C) No.21123/2011 : 2 : respondents, relevant portion of which reads thus:- “2. It is true that as per Order No.D11-CF6-107/AHAS/92 dtd. 28.09.07 of Regional Engineer, KSHB, Kochi Housing Unit and transfer agreement on 29.09.2007, the allotment of flat was transferred to Smt.Gladis Cleetus, Thundiparambil House, Kochi Corporation, Kochi Taluk, Ernakulam District. True copy of the statement of accounts in respect of Flat No.CF-6-10, is produced herewith and marked as Annexure-R1(a) 3. As per the terms and conditions as agreed between the Board and allottee the sale deed can be issued only on payment of full dues to Board which will be the difference in cost between final cost and tentative cost plus proportional share of enhanced compensation and LAR compensation paid in respect of the unit. 4. It is further submitted that, the cost finalisation of the scheme is still under the consideration of the Board since DSC is W.P.(C) No.21123/2011 : 3 : not received. Now the Board has settled the payments and the finalisation will be approved soon on constitution of the new Board. Sale deed to the petitioner will be issued soon on finalisation of the scheme. Only on finalisation of scheme account Board will be in a position to say whether any more amount is due from the petitioner to the Board.” 3. From the above, it is evident that the transfer of allotment in favour of the petitioner is admitted. It is the delay in finalising the balance amount due from the petitioner which is the reason for the non execution of the sale deed. 4. From the submissions made in Court, the petitioner is willing to pay the amounts that are due to the Board. Therefore, it is for the Board to quantify the amount that is due to the petitioner, demand the same and on payment thereof, to register the sale deed in favour of the petitioner. 5. Taking into account the above, I direct that on the production of a copy of this judgment, respondents 1 and 2 W.P.(C) No.21123/2011 : 4 : shall quantify the dues of the petitioner and intimate the same to her, as expeditiously as possible and at any rate, within four weeks thereafter. On receipt of the intimation as above, on the petitioner discharging the liability that is due, sale deed in her favour shall be executed forthwith. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/08/11 // True Copy // P.A. To Judge