IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 33195 of 2009(T) -------------------------- PETITIONER(S): --------------- P.A. JASMIN, HEAD CASHIER (AR CAMP), DISTRICT POLICE OFFICE, ALAPPUZHA. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D BUILDINGS SECTION, KOTTAYAM. GOVT. PLEADER SRI. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33195 OF 2009 (T) -------------------------------------------------- Dated this the 7th day of December, 2009 J U D G M E N T Petitioner is a U.D Clerk in the Police Department. 2. By Ext.P1 order, while working at Kottayam, she was allotted Quarter No.F-29. By Ext.P2 order dated 9.2.2009 petitioner was promoted and posted at District Police Office, Alappuzha. Thereupon, she requested for allowing her to retain the quarters for 6 months period. The request was considered and by Ext.P3 order passed by the District Collector on 4.3.2009 she was allowed to retain the quarters to 30.4.2009. 3. On expiry of the period, she made a further request to allow her to continue occupation till the end of the academic year. That request made to the Government was considered and by Ext.P4 order, she was allowed to continue occupation of the quarter, for a period of 3 months from 1.5.2009 as a special case. That period expired on 1.8.2009. In the meanwhile yet another representation was made to the Government and on that occasion also Government favourably considered the request and passed Ext.P5 order allowing her to occupy the quarter for a period of 3 WPC.No.33195 /09 :2 : months from 1.8.2009, on condition that no further extension will be granted. That period also expired and at that stage petitioner made a further request to the Minister for PWD, a copy of which is Ext.P6. It is stated that the said representation is pending and at that stage Ext.P7 order has been issued by the District Collector requiring the petitioner to vacate the quarter. It was thereupon the the writ petition is filed. 4. By order dated 19.11.2009, this case was adjourned with a direction to the Government Pleader to get instructions and it was also directed that Ext.P7 order will stand stayed in the meanwhile. 5. Government Pleader has obtained instructions. She makes reference to the orders referred to above and submits that sufficient indulgence was already shown and that Ext.P5 was on condition that further extension will not be granted. It is stated that this condition was accepted by the petitioner and it is thereafter that this writ petition is filed. It is stated that the quarter occupied by the petitioner has already been allotted to T.D.Nirmala Typist in Munisiff Court, Kottayam as early as in June, 2009 and that her occupation was rendered impossible because of the adamant attitude of the petitioner and the interim order WPC.No.33195 /09 :3 : passed by this court. 6. Evidently, the petitioner has been in occupation of the quarters from 1999. She was transferred by Ext.P2 order on 9.2.2009. Her continuance can only be for the period allowed by rules. Petitioner has no case that the period has not expired. If that be so, she cannot insist that she should be allowed to continue occupation of the quarters any more. 7. From the facts I also notice that respondents were more than sympathetic towards her by allowing extension by 3 special orders viz Exts.P3, P4 and P5. After enjoying all such orders and accepting the conditions imposed therein, she cannot seek further extension. This is coupled with the fact that the quarter is allotted to yet another Government servant. Therefore, I am not persuaded to allow the request of the petitioner for a direction to consider the non-statutory representation filed for continuing occupation of the quarter. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.33195 /09 :4 :