IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 18067 of 2007(A) ---------------------------------- PETITIONER(S): ------------------- K.A.MUHAMMED ISMAIL, 1ST GRADE DRAFTSMAN, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. BY ADVS. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJ KUMAR RESPONDENT(S): -------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. SMT. A.SAJITHA, (UDC), KERALA STATE HOUSING BOARD, HEAD OFFICE, THIRUVANANTHAPURAM. 4. SMT. V.AJITHAKUMARI, L.D.CLERK, OFFICE OF THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM. R1&2 BT ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 18067 of 2007(A) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING OF THE BOARD DATED 30/12/1997 ISSUED BY THE CHAIRMAN. P2: COPY OF THE ALLOTMENT LETTER NO.E7/AN/GEN. DATED 15/12/2000 ISSUED BY THE HOUSING UNIT, KERALA STATE HOUSING BOARD, TRIVANDRAM. P3: COPY OF THE ORDER PASSED BY THE LKAYUKTHA DATED 13/01/2003 JUSTICE T.V. RAMAKRISHNAN, P.A. LOKADALATH. P4: COPY OF THE REPRESENTATION DATED 22/01/2003 SUBMITTED BY THE PETIITONER BEFORE THE 2ND RESPONDENT. P5: COPY OF THE RESOLUTION DATED 20/06/1991 ISSUED BY THE JOINT SECRETARY, KERALA STATE HOUSING BOARD. P6: COPY OF THE ORDER NO.E7/93 AML-HAS(EXTN.)/01 DATED 15/02/2003 ISSUED BY THE ADMINISTRATIVE OFFICER, THE REGIONAL ENGINEER, K.S.H.B. THIRUVANANTHAPURAM. P7: COPY OF THE ORDER HBO NO.183/AD II(c)5062/91 DATED 21/03/2001, ISSUED BY THE SECRETARY, K.S.H.B, TRIVANDRAM. P8: COPY OF THE JUDGMENT DATED 01/11/2006 IN O.P.NO.6170/2003 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. P9: COPY OF THE REPRESENTATION DATED 11/2006 SUBMITTED BH THE PETITIONER TO THE SECRETARY, K.S.H.B, TRIVANDRAM. P10: COPY OF THE MINUTES OF THE MEETING OF THE 1ST RESPONDENT BOARD ON 15/05/2007. RESPONDENT'S EXHIBITS: R1(a):COPY OF G.O.(MS)NO.26/2006/HSG. DATED TRIVANDRAM 07/07/06. R1(b):COPY OF PETITIONER'S APPLICATION FOR RETGISTRATION DATED 07/04/1993. R1(c):COPY OF G.O.(P)39/2002 P & ARD DATED 26/08/2002. R1(d):COPY OF THE GRIEVANCE SUBMITTED BY 4TH RESPONDENT BEFORE THE 1ST RESPONDENT. svs/ ........2/-.... ...2... WP(C).No. 18067 of 2007(A) R1(e):COPY OF THE GRIEVANCE SUBMITTED BY 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. R1(f):COPY OF GRIEVANCE SUBMITTED BY 4TH RESPONDENT BEFORE THE 1ST RESPONDENT. R1(g):COPY OF BOARD DECISION DATED 14/12/1998 & 14/10/1999. R1(h):COPY OF SALE AGREEMENT DATED 14/02/1996. R1(i):COPY OF GAZETTEE NOTIFICATION DATED 30/03/2002. R1(J):COPY OF THE PROCEEDINGS OF ADDITIONAL SECRETARY, K.S.H.B. DATED 08/06/2007 /TRUE COPY/ P.A. TO JUDGE svs/ ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 18067 OF 2007 ------------------------------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT With effect from 20.4.1983, petitioner has been in continuous service of the Kerala State Housing Board as 1st Grade Draftsman on a provisional basis. While continuing as such, in the meeting held on 30.12.1997 the Board passed Ext.P1 resolution to regularize the service of the employees mentioned therein including the petitioner with effect from 1.1.1998. Subsequently, the petitioner got regularly recruited through P.S.C and was appointed as such on 21.3.2001 and is still continuing in the services of the Board. 2. Clause 6(3)(c) of the Kerala State Housing Board Regulations for new Registrations for allotment of house- plots/plots with building / and flats (apartments) in cities, towns and other urban centres of Kerala, 1986, reads as follows:- Clause 6(3)(c):- “ 5% of the house plots/plot with building/flats (apartments) shall be reserved for the Employees of the Housing Board in the order of registration” W.P.(C).No. 18067 OF 2007 2 3. Accordingly, the petitioner got himself registered and applied for allotment of Plot No.S-3 in the Ambalanagar Extension Housing Scheme. His application was considered and Ext.P2 order dated 15.12.2000 was issued, provisionally allotting the plot to the petitioner. Complaining that final order allotment was delayed, petitioner approached the Kerala Lokayuktha, in that proceedings the 3rd respondent, another employee of the Board, got herself impleaded and staked her claim for allotment. The complaint was disposed of by Ext.P3 order directing the Board to consider the rival claims and pass orders in the matter. Subsequent to Ext.P3 order, reiterating his claims, the petitioner submitted Ext.P4 representation to the Board. Finally, the Board passed Ext.P6 order, cancelling Ext.P2 order of provisional allotment and re-allotting the plot to the 4th respondent, yet another employee of the Board. 4. Petitioner challenged Ext.P6 order before this Court by filing O.P.No.6170/2003. It is stated that at the admission stage, this Court stayed further proceedings pursuant to Ext.P6 order and finally the original petition was disposed of by Ext.P8 judgment relegating the petitioner to make a representation to W.P.(C).No. 18067 OF 2007 3 the Board and the Board was asked to consider the claim. Accordingly, petitioner submitted Ext.P9 representation. In that representation referring to the claim raised by respondents 3 and 4, it was stated that :- “ It is brought to the notice of the Board that Smt.A.Sajitha who got impleaded before Lokayuktha, in complaint No.855/2002 and opposed the allotment of the plot to me has already constructed a residential house in Plot No.S.50 of Nalanchira Housing Accommodation Scheme of the Board (Thilak Nagar) it is also brought to the notice of the Board that Smt.V.Ajithakumari does not require the above housing plot. It may be noted that on the basis of the interim order issued by the Hon'ble High Court on 21.2.2003 in CMP No.10870/2003 in O.P.No.6170/2003 plot No.S3 of Ambala Nagar Housing (Extension) scheme has not been allotted to anybody so far. Hence I am entitled for allotment of the above plot under Clause 6(c) of the “Kerala State Housing Board Regulations for new Registrations for allotment of House plots/plots with building/ and flats (apartments) in Cities, and Towns other Urban centres of Kerala 1986.” 5. Therefore, his case was that respondents 3 and 4 were ineligible for allotment and that among the rival claimants, he alone was the eligible person. Finally, the Board issued Ext.P10 order stating that among the applicants, 3rd respondent was the senior most and on that basis, the plot was allotted to the 3rd respondent. It is this order which is under challenge in this writ W.P.(C).No. 18067 OF 2007 4 petition. 6. Therefore, when the Board issued Ext.P10 order, there were three claimants and among the claimants, the allotment was given to the 3rd respondent based on her seniority. 7. In this writ petition notice has been issued and served on all the respondents. However, there is no appearance on behalf of the respondents 3 and 4. 8. As far as the 3rd respondent, in whose favour allotment was made is concerned, in Ext.P9 representation, it was the specific case of the petitioner that she having constructed a house, has become ineligible for allotment under the quota reserved for the employees of the Housing Board. That apart, when this case was taken up for hearing, the learned senior counsel appearing for the petitioner produced before me Order No.HBO.No.23/Adl(b)698/02 dated 27.1.2010, issued by the Secretary of the Board, relieving the 3rd respondent from service of the Board for taking up employment in the Education Department. Therefore, at any rate, the 3rd respondent, who has ceased to be an employee of the Board, has no claim for allotment of the housing plot, in the quota ear marked for the W.P.(C).No. 18067 OF 2007 5 employees of the Board. 9. As far as the 4th respondent is concerned, not only that her claim was rejected by Ext.P10, but also she did not stake her claim by challenging the said order. She is not even contesting this writ petition also. This means that she has accepted Ext.P10 order and therefore can have no surviving grievance. In that view of the matter, the only claim left is that petitioner, who continues to be an employee of the Board. 10. In the result, I quash Ext.P10 and direct that fresh order shall be passed by the Board, on the application made by the petitioner for allotment of the plot. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE dmb