IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 27038 of 2007(R) -------------------------- PETITIONER(S): --------------- D.JALAJAMANY, ABHAYAM, THAZHAM SOUTH, CHATHANOOR P.O., KOLLAM. BY ADV. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS SRI.S.AJAY KUMAR RESPONDENT(S): --------------- 1. THE KERALA STATE HOUSING BOARD, SANTHI NAGAR, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, DIVISION OFFICE, KOLLAM. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27038 of 2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE AGREEMENT DATED 25.7.96 EXT.P2 : TRUE COPY OF THE LETTER NO.ESTATE/CHNA/II/EF 9-206 DATED 26.7.2005 BY THE SECOND RESPONDENT EXT.P3 : TRUE COPY OF THE REPLY DATED 2.9.2005 BY THE PETITIONER TO THE SECOND RESPONDENT EXT.P4 : TRUE COPY OF THE NOTICE DATED 20.6.2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P5 : TRUE COPY OF THE REPLY DATED 26.6.2006 BY THE PETITIONER TO THE SECOND RESPONDENT EXT.P6 : TRUE COPY OF THE NOTICE NO.EF9-206/CHNA II STAGE DATED 18.1.07 ISSUED BY THE SECOND RESPONDENT EXT.P7 : TRUE COPY OF THE REPLY DATED 22.1.07 BY THE PETITIONER TO THE SECOND RESPONDENT EXT.P8 : TRUE COPY OF THE NOTICE NO.ESTATE/F9-206/CHNA.II STAGE DATED 12.7.07 EXT.P9 : TRUE COPY OF THE REPLY DATED 16.7.07 BY THE PETITIONER TO THE SECOND RESPONDENT EXT.P10 : TRUE COPY OF THE ORDER NOE1/EF9-206/CHNA II STAGE DATED 14.8.07 ISSUED BY THE SECOND RESPONDENT EXT.P11 : TRUE COPY OF THE INTERIM ORDER DATED 7.8.07 IN W.P.(C). NO.24050/2007 (K) OF THIS HONOURABLE COURT (True Copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).27038/2007 .............................................. Dated this the 21st day of July, 2011 JUDGMENT The challenge in this writ petition is against Ext.P10 order of eviction. It is submitted by both sides that aggrieved by the similar orders of eviction, W.P.(C).24050/2007 was filed before this Court and that the said writ petition was disposed of by judgment dated 7.6.2011 setting aside the order of eviction and that the petitioners therein had remitted the entire arrears that were due from them. 2. In this case also arrears have been cleared. Therefore, in the light of the above judgment in W.P.(C).24050/2007, Ext.P10 order is liable to be set aside and I do so. 3. It is made clear that it will be open to the Housing Board to ensure compliance with the conditions of allotment order. In addition to the above, the learned counsel for the Petitioner also expresses his readiness to furnish an undertaking to the W.P.(C).27038/07 2 Housing Board that the flat in question will not be used for any purpose other than for residential purpose. Such an undertaking shall be filed at any rate within four weeks from today. Writ petition is disposed of. ANTONY DOMINIC, Judge mrcs