IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WA.No. 1940 of 2007 ---------------------------- AGAINST THE JUDGEMENT IN OP.5079/2001 Dated 19/03/2007 .................... APPELLANTS/ RESPONDENTS: -------------------------------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM. 2. THE ADMINISTRATIVE OFFICER, KERALA STATE HOUSING BOARD, REGIONAL OFFICE, CALICUT-673 006. BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB RESPONDENTS/PETITIONERS -------------------------------------------- 1. SMT. M.P.MEENAKSHI, W/O. M.R.MADHAVAN NAMBIAR, C.H.COLONY, CALICUT-673 017. 2. SRI. S.BHARATHAN, E3-134, C.H.NAGAR, MARIKUNNU, CALICUT. 3. M.ASOKA, E3-132, "VANDANAM", C.H.COLONY , MARIKUNNU, CALICUT. 4. SRI. P.BHASKARAN, PARAKANDIYIL, CHALAPURAM P.O., NADAPURAM. 5. SMT. T.K.RAJALAKSHMI, E3-118, GOKULAM, CH COLONY, MARIKUNNU P.O. 6. SRI. JAYADEVA KUMARAN NAIR, C7-76, CHEVAYUR HOUSING COLONY, CH NAGAR, C ALICUT. 7. C.T.FRANCIS, E3-128, CH COLONY, MARIKUNNU P.O., CALICUT-12. 8. SAJAL NARAYAN, (POWER OF ATTORNEY OF ANIL NARAYANAN), C7-2, CHEVAYUR HOUSING COLONY, CH NAGAR, MARIKUNNU, CALICUT-12. 9. A.PADMAVATHI, "VISHRAM", 4/71, GANDHI ROAD, CALICUT. 10. VIJAYA RAGHAVAN T., 3/55, KSHB COLONY, CH NAGAR, CALICUT-17. BY ADV. SRI.K.JANARDHANAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, ALONG WITH WA.NOS.1968 & 2067 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.Nos. 1940, 1968 & 2067 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2008 Judgment H.L. Dattu, C. J: The issue raised in this writ appeal is identical with the issue raised and considered by a Division Bench of this Court in the Kerala State Housing Board v. The Kerala State Housing Board Nellikode Housing Colony Allottees Association (W.A.No.1760 of 2004). In the said decision this Court has stated as hereunder: “3. From the portion of the judgment extracted above what transpires is that the amount payable was as on 14.7.1992, but was paid in 1997. Despite that the learned Single Judge has only directed that the Board would not recover interest from 9.10.1997 till the date of service of individual account statement. There cannot be any interference to the direction issued by the learned Single Judge as noted above. The appellants cannot punish the petitioners for its own lethargy and selectness. It requires to be mentioned that almost all the prayers made by the petitioners were declined and the only prayer that has been allowed needs no interference in this appeal. There is no merit in this appeal which we dismiss leaving, however, the parties to bear their own costs. Respectively, following the observations made by this Court in the aforesaid decision, in our opinion this appeal also requires to be rejected , and it is rejected. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an.