IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 5067 of 2010(G) ------------------------- PETITIONER(S): ----------------------- V. STANLEY PAULUS AGED 63 YEARS SON OF J.P.PAULUS, SHALOME, SATYADAS LANE, JAWAHAR NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL SRI.N.KRISHNA PRASAD RESPONDENT(S): ---------------------- 1. KERALA STATE HOUSING BOARD, STATUTORY BODOY ESTABLISHED BY ACT.NO 19/1971 OF THE STATE LEGISLATIVE REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDINGS, PRESS ROAD, THIRUVANANTHAPURAM. 2. COMPETENT AUTHORITY, KERALA STATE HOUSING BOARD, PRESS ROAD, THIRUVANANTHAPURAM ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.5067/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: DATED 25.8.1976. TRUE COPY OF THE RENT RECEIPT FOR SHOP 1 AND 2. JAWAHAR NAGAR ISSUED BY THE RESPONDENT HOUSING BOARD. EXT.P2: DATED 28.6.1976. TRUE COPY OF THE LETTER NO.D2-866/75 OF THE RESPODNENT ADDRESSED TO THE PETITIONER. EXT.P2(a): TRUE COPY OF THE LEASE DATED 29.7.1976 EXECUTED BETWEEN PETITIONER AND THE RESPONDENT. EXT.P3: DATED 15.12.1977. TRUE COPY OF THE LETTER NO.D2-3217/77 ADDRESSED TO THE PETITIONER. EXT.P4: DATED 30.6.1978. TRUE COPY OF THE COMMUNICATION NO.ESTATE D2/3746/78 ISSUED TO THE PETITIOENR ALLOTTING THE SHOP NO.3. EXT.P4(a): TRUE COPY OF PLAN SHOWING THE ALLOTMENT GRANTED IN FAVOUR OF THE PETITIONER. EXT.P4(b): LOCATION OF THE SHOPS ALLOTTED TO THE PETITIONER. EXT.P5: DATED 3.1.97. TRUE COPY OF THE LEASE DEED FOR THE PERIOD 1.6.96 TO 31.5.1999 IN RESPECT OF SHOP ROOMS 1,2,3 AND UNDERNEATH STAIR CASE. EXT.P5(a): TRUE COPY OF THE LEASE AGREEMENT DT 8.5.2000 FOR the PERIOD 1.6.99 TO 31.5.2002. EXT.P6: DATED 5.4.2004. LEASE AGREEMENT FOR THE SHOPS 1,2,3 AND UNDERNEATH STAIRCASE ACCOMMODATION FOR THE PERIOD 1.6.2002 TO 31.5.2005, 363,47 SQ.FT. EXT.P7: DATED 13.9.2005 LEASE AGREEMENT FOR THE PERIOD 1.6.05 TO 31.5.2008 FOR THE SHOP BUILDING 1,2,3 AND UNDERNEATH STARE CASE ACCOMODATION 363,47 SQ.FT. EXT.P8: DATED 12.10.09 LETTER FROM THE EXECUTIVE ENGINEER OF HOUSING BOARD TO THE PETITIONER. EXT.P9: DATED 13.1.2010. TRU COPY OF THE RECEIPT FOR THE PERIOD 1.6.2008 TO 31.5.2011 FOR THE SHOPS 1,2,3 AND UNDER THE STAIR CASE ACOMODATION 363.47 SQ.FT. WPC NO.5067/10 -2- EXT.P10: DT.29.10.2009. TRUE COPY OF THE LETTER INTIMATING THE PETITIOENR THAT 297.62 SQ.FT IS IN UNAUTHORISED OCCUPATION OF THE PETITIONER. EXT.P11: DT.11.11.2009 TRUE COPY OF THE REPLY BY PETITIONER TO EXT.P9. EXT.P12: TRUE COPY OF THE MINUTES OF THE BOARD DT 24.10.75. EXT.P13: TRUE COPY OF THE MINUTES OF THE RESOLUTIONT AKEN ON 25.1.94. EXT.P14: TRUE COPY OF THE MINUTES DT 16.2.2008. EXT.P15: DATED 10/97 TRUE COPY OF THE COMMUNICATION OF THE REGIONAL ENGINEER OF THE BOARD MAKING SUOMOTO REVISION IN RENT. EXT.P16: TRUE COPY OF THE INFORMATION COMMUNICATED TO THE PETITIOENR DT 13.1.2009. EXT.P17: TRUE COPY OF THE STATEMENT OF ACCOUNT. EXT.P18: TRUE COPY OF THE LETTER DT 29.9.2008 FROM THE EXECUTIVE ENGINEER CORRECTING THE RENT FOR THE SHO BUILDING AT RS.6,350 PER MONTH. EXT.P19: TRUE COPY OF THE ORDER OF THE CHAIRMAN OF THE BAORD DT 7.12.2009. EXT.P20: DT 6.1.2010 TRUE COPY OF THE LETTER DEMANDING OF THE PETITIONER NON ATTENDING TO THE DIRECTION UNDER EXT.P16. EXT.P21: DELIVERED ON 9.1.2000. PHOTOCOPY OF THE POSTAL COVER IN which EXT.P17 WAS DELIVERED TO THE PETITIONER. EXT.P22: DT 13.1.2010 TRUE COPY OF THE COMPLAINT TO THE MUSEUM POLICE STATION. EXT.P23: DT 14.1.2010. TRUE COPY OF THE COMPLAINT FILED BEFORE THE MUSEUM POLICE STATION. EXT.P24: DATED 4.1.2009. NOTICE ISSUED TO THE PETITIONER BY THE COMPETENT AUTHORITY. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 5067 OF 2010 ===================== Dated this the 12th day of January, 2011 J U D G M E N T Petitioner challenges Exts.P19 and P20. Ext.P19 is an order passed by the Chairman of the 1st respondent directing that as ordered by the Executive Engineer, unauthorised construction enclosing the toilet and stair case should be demolished and that the building should be restored to the old position. It is further ordered that the unauthorised occupants should be evicted and fresh lease agreement should be executed as ordered by the Executive Engineer. Ext.P20 is the consequential order issued by the Executive Engineer, Division No.2 of the Board directing implementation of Ext.P19. Impugning these two orders, the contention raised by the learned counsel for the petitioner is mainly that the conclusions in Ext.P19 were arrived at without conducting any joint measurement of the property in question with notice to him. 2. When the matter was taken up today for hearing, it is suggested that the Board itself will conduct a fresh joint measurement with notice to the petitioner. It is stated that it will WPC No. 5067/10 :2 : also be open to the petitioner to file any representation that he may consider necessary to the 1st respondent, in which event, the competent authority of the 1st respondent will hear the petitioner before such joint measurement is done. 3. Now that such submission has been made by both sides, I do not think it necessary to keep this writ petition pending any longer. 4. Therefore, I dispose of this writ petition directing that it will be open to the petitioner to make any supplementary representation that he may wish to make to the 1st respondent, in which event, the competent authority of the 1st respondent will hear the petitioner on his contentions against Ext.P19. The competent authority will also get a joint measurement of the building done with notice to the petitioner, and thereafter, considering the whole issue, fresh orders in the matter will be passed. It is directed that, until the aforesaid exercise is completed, status quo as on date will be maintained by the parties. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp