IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WA.No. 2608 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15099/2009 .................... APPELLANT/PETITIONER ------------------------------------ P.C.KUTTAN, ADVOCATE F4-15, SATELLITE TOWNSHIP, KAKKANAD WEST P.O., KOCHI-30. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. THE ADMINISTRATIVE OFFICER, KERALA STATE HOUSING BOARD, PANAMPILLY NAGAR, KOCHI-36. 2. THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, PANAMPILLY NAGAR, KOCHI-36. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 & 2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag. C.J. & C.N.RAMACHANDRAN NAIR, J. --------------------------- W.A. No. 2608 OF 2009 -------------------------- Dated this the 2nd day of March, 2010 J U D G M E N T Raman, Ag. C.J. This appeal is filed by the petitioner. The writ petition was filed for a direction to the Kerala State Housing Board to convey the property. The learned single Judge granted the relief and directed the housing board to convey the property. But it was made clear that the housing board is entitled to assert its claim for the amount of Rs,8,200/- referred to in Ext.P6, while defending RFA No.15 of 2009. Further, it was also provided that the claim for Rs.8,200/- will constitute a charge over the property, which is to be assigned in favour of the petitioner and shall remain so, till the disposal of RFA No.15 of 2009. 2. Admittedly there is a dispute between the parties regarding the final amount to be paid by the petitioner. According to the petitioner, the amounts are due to him from the housing board and therefore a suit is filed for retention of accounts. According to the housing board, an amount of Rs.8,200/- is still due from the petitioner. Any way, as to what will be the actual amount due if any or whether any excess is paid by the appellant can be decided only after the RFA No.15 of 2009 is disposed of. It is not necessary to create a charge on the property for the sum of W.A. No2608/09 2 Rs.8,200/-. 3. We are of the opinion that if the amount of Rs.8,200/- is paid by the petitioner, the same will be kept as a reserve and the parties will be at liberty to raise their contentions in the RFA No.15 of 2009. The amount of respondents.8,200/- will also be adjusted towards the claim to be settled between the parties and will be refunded if it is otherwise paid to be in excess. Once the amount of Rs.8,200/- is paid, the remaining condition in the judgment of the learned single Judge will be complied. In the result, the appeal is disposed of as follows. In case the amount of Rs.8,200/- is paid by the appellant/ petitioner within two weeks from today, the sale deed will be executed in his favour within four weeks thereafter, free of encumbrance. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR JUDGE vps