IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 6004 of 2010(R) -------------------------------------- PETITIONER(S): ----------------------- P.M.ABDUL SATHAR, PRINCIPAL SUB JUDGE, NORTH PARAVUR. BY ADV. SRI.K.RAMACHANDRAN SRI.K.MOHAMMED FAISAL NAHA RESPONDENT(S): ------------------------- 1. THE REGISTRAR (SUBORDINATE JUDICIARY), HIGH COURT OF KERALA, ERNAKULAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. 3. THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, EDAPPALLY, ERNAKULAM. R1 BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE R1 BY ADVS. SMT.K.RADHAMANI AMMA SRI.K.RAMACHANDRAN (THYKOODAM). R2 & R3 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, ALONG WITH WPC. NO. 6005 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6004/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DTD. 23.10.2008 FROM THE PETITIONER TO THE REGISTRAR, HIGH COURT OF KERALA. P2:- COPY OF THE OFFICIAL MEMORANDUM DTD. 9.12.2008 ISSUED BY THE HONOURABLE HIGH COURT OF KERALA. P3:- COPY OF THE LETTER ADDRESSED TO THE 2ND RESPONDENT DISTRICT COLLECTOR SENT BY THE PETITIONER DTD. 15.1.2009. P4:- COPY OF THE LETER ADDRESSED TO THE DISTRICT COLLECTOR DTD. 15.3.2009. P5:- COPY OF THE LETTER DTD. 15.3.2009 ADDRESSED TO THE DISTRICT JUDGE. P6:- COPY OF THE LETTER FROM THE REGISTRAR (SUBORDINATE JUDICIARY) TO THE ASSISTANT ENGINEER DTD. 2.7.2009. P7:- COPY OF THE LETTER ADDRESSED TO THE CHIEF ENGINEER PWD BUILDINGS DIVISION BY THE REGISTRAR, SUBORDINATE JUDICIARY OF THE HONOURABLE HIGH COURT DTD. 2.11.2009. P8:- COPY OF THE D.O. LETTER NO. 1/09 DTD. 24.8.09 SENT TO THE 2ND RESPONDENT WITH COPIES TO THE PWD AUTHORITIES. P9:- COPY OF THE OFFICIAL MEMORANDUM SENT BY THE HONOURABLE HIGH CORUT TO THE DISTRICT JUDGE ERNAKULAM DTD. 16.11.2009. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) Nos.6004 & 6005 OF 2010 -------------------------------------------------- Dated this the 17th day of June, 2010 J U D G M E N T Petitioner in WP(c).No.6004/2010 is Principal Sub Judge, North Paravur. Petitioner in WP(c).No.6005/2010 is the Judicial First Class Magistrate, North Paravur. According to the petitioners for the reason that the quarters available at North Paravur were not habitable, under the orders of this court, they had occupied private buildings. 2. In these writ petitions the prayer sought is to direct the 3rd respondent to issue non-availability certificate and to direct the 2nd respondent to fix the rent of the buildings. Counter affidavits have been filed by the 2nd respondent. 3. In the counter affidavit filed in WP(c).No.6004/2010, it has been stated thus. “2. The request Ext.P3 and P4 of the petitioner is forwarded to Executive Engineer, PWD (Buildings) Division, Ernakulam o 4.2.2009 as per endorsement NO.A3-6754/09 dated 18.3.2009, as per endorsement No.A3-1429/06 respectively for submitting rent reasonability certificate and non- availability Certificate for fixing. The rent can be fixed only if these certificates are obtained from PWD authorities. Reminder was given to 3rd respondent to take necessary steps vide letter A3 WPC.No. 6004/2010 & anor. :2 : 6754/09 dated 19.9.2009. 3. Rent will be fixed on receipt of rent reason ability and Non availablity certificate obtained from the 3rd respondent. Neither the reason ability certificate nor the NAC has not been received in this office. A joint inspection has been conducted on 20.11.2009 in order to inspect the quarters of Judicial Officers at North Paravur by the Rent Committee as per the suggestion of the Hon'ble justice. The 3rd respondent is of the opinion that NAC can be issued after inspection only if the rent committee finds the buildings are not habitable. The minutes of the joint inspection has been forwarded to Government vide letter No.A3-6754/09 dated 29.1.2010. 4. The Rent of the building occupied by the petitioner will be fixed if the rate of Rs.4,000/- per month from 01.02.09 for building No.VI/474 in Paravur town and at the rate of Rs.5,500/- per month for building No.VI/486, New Lane Road, North Paravur as and when the reason ability certificate & Non availability certificate submitted by the 2nd respondent. The minutes regarding the joint inspection by Rent Committee regarding the quarters at North Paravur has been submitted to Government for approval. “ 4. The counter affidavit in WP(c).No.6005/2010 also contains statements except that the rate of Rs.2750/- per month. 5. In view of the above averments in the counter affidavits filed by the 2nd respondent, what is required to be done is that the 3rd respondent should issue the non-availability certificate in order to enable the 2nd respondent to fix the rent as sought for by the WPC.No. 6004/2010 & anor. :3 : petitioners. 6. Therefore, the 3rd respondent is directed to consider the issuance of non-availability certificate to the petitioners herein and orders thereon shall be passed as expeditiously as possible and at any rate within 4 weeks from the date of receipt of a copy of the judgment. Depending upon the order to be passed by the 3rd respondent, the 2nd respondent shall take steps for fixation of rent as sought for by the petitioners. This shall be done as expeditiously as possible and at any rate within 4 weeks thereafter. Petitioners shall produce a copy of the judgment before respondents 2 and 3 for compliance. (ANTONY DOMINIC) JUDGE vi/