IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 6930 of 2009(I) ------------------------------ PETITIONERS: ---------------- 1. SHAJI KUMAR, S/O.GANGADHARAN, K.P.3/138, VADAYIL KADAYIL VEEDU, KARIKKAKAM, BEACH P.O.,THIRUVANANTHAPURAM. (SHOP ROOM No.5, KERALA STATE HOUSING BOARD, KALPAKA NAGAR, CHACKAI, THIRUVANANTHAPURAM.) 2. SUNIL KUMAR, PALAYIL VEEDU, KOVALAM, THIRUVANANTHAPURAM, (SHOP ROOM No.6, KERALA STATE HOUSING BOARD, KALPAKA NAGAR,CHACKAI,THIRUVANANTHAPURAM.) BY MR.M.HARISHARMA, ADVOCATE. RESPONDENTS: ------------------ 1. KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDINGS, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM, REP.BY ITS ADMINISTRATIVE OFFICER. 2. REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDINGS, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM. BY MR.POOVAPPALLY M.RAMACHANDRAN NAIR,SC, KSHB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6930 of 2009 --------------------------------- Dated, this the 26th day of March, 2009 J U D G M E N T Challenge in the writ petition is against Exts.P4, P5 & P6. 2. The petitioners are tenants of the respondents. By Exts.P4 & P5, rent payable has been enhanced. According to the petitioners, the enhancement effected by Exts.P4 & P5 is contrary to the terms of the lease and it is on that basis it is challenged. 3. The learned standing counsel for the respondents invites my attention to Exts.P7 & P8. According to him, the petitioners have already approached the Civil Court and the Civil Court has initially granted an injunction and the same has since been vacated. The learned standing counsel also points out that against Exts.P4 & P5, the petitioners have an alternate remedy of appeal under Section 87 of the Kerala Housing Board Act. 4. Taking into account the submissions so made by the learned standing counsel for the respondents, the writ petition is disposed of with the following directions:- That within four weeks from today, the petitioners shall file an WP(C) No.6930/2009 -2- appeal before the Government against Exts.P4 & P5. It is directed that if such an appeal is filed, the same will be entertained and disposed of with notice to the petitioners. It is directed that subject to the filing of the appeal as above, until the disposal of the appeal, further proceedings pursuant to Exts.P4 & P5 shall be kept in abeyance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg