IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37885 of 2008(I) -------------------------- PETITIONER(S): --------------- M/S.KERALA STATE INDUSTRIAL ENTERPRISES LIMITED (KERALA GOVERNMENT UNDERTAKING) ST.JOSEPH PRESS BUILDING, COTTON HILLS, THIRUVANANTHAPURAM - 14, REPRESENTED BY MANAGING DIRECTOR. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, SECRETARY TO GOVERNMENT (HOUSING), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMPETENT AUTHORITY, KERALA STATE HOUSING BOARD, SHANTHI NAGAR, THIRUVANANTHAPURAM. 3. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, HOUSING BOARD, SHANTHI NAGAR, THIRUVANANTHAPURAM. SHRI.A.JAYASANKAR, SC FOR KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37885 OF 2008 ---------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT In respect of eviction from a building belonging to the Kerala State Housing Board occupied by the petitioner, the petitioner filed Ext.P6 appeal under Section 87 of the Housing Board Act, 1971. The petitioner's grievance in this writ petition is that although the petitioner has filed Ext.P8 petition for say along with Ext.P7 appeal, no orders are being passed by the appellate authority in that stay petition and in the meanwhile the petitioner is due to vacate the shop room occupied by the petitioner on 22.12.2008. The petitioner, therefore, seeks the following reliefs: “(a) To issue a writ, order or direction in the nature of mandamus, directing the 1 st respondent to consider Exhibit-P6, P7 and P8 and dispose it of in accordance with law, (b) To issue a writ, order or direction in the nature of mandamus, directing the 1 st respondent to stay execution of the order Exhibit-P5 till the disposal of the appeal, (c) To stay all further proceedings in pursuance of Exhibit-P5, till the disposal of the writ petition”. W.P.(c)No.37885/08 2 2. I have heard the learned Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for respondents 2 and 3. 3. I am of opinion that when an appellant approaches the appellate authority seeking stay of the order impugned in the appeal, the appellate authority has a duty to consider and pass orders on the application for stay expeditiously. In the above circumstances, the writ petition is disposed of with the following directions: The 1st respondent shall consider and pass orders on Ext.P8 stay application as expeditiously as possible. In the alternate the appellate authority may consider and pass orders on the appeal itself. The petitioner shall not be evicted in the meanwhile. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.37885/08 3