IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 321 of 2008(L) ----------------------------------- PETITIONER: ------------------- K.K. PRASAD, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (CONCURRENT AUDITOR), QUILON CO-OPERATIVE URBAN BANK LTD., KOLLAM-1. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL SECRETARY TO GOVT., PUBLIC WORKS (E) DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-1. 2. THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KOLLAM-13. 3. THE EXECUTIVE ENGINEER, BUILDINGS DIVISION, P.W.D., KOLLAM-1. 4. SHYLAMONY, SECRETARY, KOLLAM DISTRICT PANCHAYAT, KOLLAM-9. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.321 of 2008 L ------------------------- Dated this the 8th day of January, 2008. JUDGMENT The Petitioner is an Assistant Registrar of Co- operative Societies, presently stationed at Quilon Co- operative Urban Bank as a concurrent auditor. According to the petitioner, he was first allotted E2 quarters in the Government Gazetted Officers' Quarters at Kollam. Due to personal difficulties faced by him, he sought for a change in the quarters. Considering the petitioner's request, the Government issued Ext.P2 order allotting quarter No.Type B2 at Kollam, (when it falls vacant) instead of quarter No.E2, in relaxation of Rule 6(6) and 9 of the Rules for the Allotment and Occupation of Government Servants' Quarters in Kerala, 2006. The District Collector, Kollam was directed to issue formal allotment orders, after verifying satisfaction of all other eligibility conditions specified in the Rules. 2. The petitioner submitted Ext.P3 representation before the District Collector for implementation of Ext.P2. The writ petition was filed at a W.P.(C).NO.321/08 :: 2 :: point of time when the quarters was not allotted to him. He apprehends that it may be allotted to the 4th respondent overlooking Ext.P2. 3. Learned Government Pleader, on instructions, submits that notwithstanding Ext.P2, the petitioner may not be eligible for Quarter No.B2 type; that there is already a request by the District Medical Officer. It is further pointed out that relaxation of the rules as per Ext.P2 is in respect of Rules 6(6) and 9, by which the priority and seniority amongst the list of applicants for particular type of quarters has been relaxed in favour of the petitioner. Learned Government Pleader submits that the eligibility of the petitioner is nevertheless a matter for enquiry by the District Collector, the competent authority, and this authority of the District Collector is not interfered with in Ext.P2. 4. I heard learned counsel for the petitioner and the learned Government Pleader. 5. Learned counsel for the petitioner submits that at present, type B2 quarter is lying vacant and it has not been occupied by the District Medical Officer, so far. The attempt is to allot the quarters to the 4th respondent. W.P.(C).NO.321/08 :: 3 :: The District Collector cannot overlook the allotment made under Ext.P2. 6. Learned Government Pleader submits that the District Medical Officer is yet to occupy the quarters, which has been temporarily allotted to the 4th respondent. 7. Taking note of Ext.P2, the petitioner has also a right to be considered for allotment of the quarters in question. No doubt, there is a direction to the District Collector to allot the quarters in question to the petitioner, after ascertaining his eligibility. In my view, if the District Collector does not allot the quarters to the petitioner for any reason he should take up the matter with the Government and then, subject to the orders obtained from the Government, the District Collector should proceed further in the matter; otherwise it would not be open to the District Collector to allot the quarters, which seems to be allotted to the petitioner under Ext.P2 to any other person ignoring Ext.P2 as such. 8. In the result, the writ petition is disposed of as follows: (a) On production of a copy of this judgment before the District Collector-2nd W.P.(C).NO.321/08 :: 4 :: respondent, he shall, after hearing the petitioner and, if necessary, after hearing the District Medical Officer as also the 4th respondent, take a decision as to the person, in whose favour type B2 quarters in Kollam is to be allotted. (b) If the District Collector feels that it cannot be allotted to the petitioner, he shall forward his tentative decision in that regard to the Government and seek the opinion of the Government. This process shall be completed within one month from the date of receipt of a copy of this judgment. (c) Government shall, thereupon, issue appropriate orders on the proposal made by the District Collector within one month thereafter. The Government's decision shall be rendered within one month from the date of receipt of the report of the District Collector, after hearing any affected person. (d) I make it clear that this procedure need be adopted only if the District Collector proposes to allot the quarters to a person other than the petitioner. (e) Thereupon, on receipt of appropriate orders from the Government, the District Collector shall act upon it. 9. I make it clear that I have not expressed any opinion on the merits of the contentions raised by the petitioner, nor have I expressed any opinion on the W.P.(C).NO.321/08 :: 5 :: application of the Rules and the eligibility of the petitioner to get the quarters mentioned in Ext.P2. Till final orders are passed, in the manner aforementioned, type B2 quarters forming the subject matter of Ext.P2 shall not be alloted permanently to any person. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge