IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 31092 of 2010(J) -------------------------- PETITIONER(S): --------------- RASHEED BEEVI.M., AGED 47 YEARS, W/O.SHIHABUDHEEN, CONFIDENTIAL ASSISTANT, KERALA STATE INSTITUTE OF HEALTH AND FAMILY WELFARE, THYCAUD, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY (HEALTH), HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM 695 001. 3. THE PRINCIPAL, KERALA STATE INSTITUTE OF HEALTH & FAMILY WELFARE, THYCAUD, THIRUVANANTHAPURAM-695014. GOVERNMENT PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 31092 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of November, 2010. J U D G M E N T The petitioner is a Confidential Assistant in the Kerala State Institute of Health and Family Welfare, Thycaud, Thiruvananthapuram. The petitioner is residing in Quarter No. 1. The petitioner has now been directed to shift to Quarter No. 3. The petitioner submits that Quarter No. 3 was earlier occupied by one Smt. Sherly whose son has committed suicide. According to the petitioner, the son of Smt. Sherly was close to the children of the petitioner and since they have seen the body of of the son in Quarter No. 3, they have some difficulty in moving to Quarter No. 3. The petitioner would submit that the quarters are of the same type and therefore even if the same is is allotted to another person, another person can occupy Quarter No. 3. 2. The 2nd respondent has filed a statement, wherein it is submitted that quarters are not of the same type and Quarter No 1 is of a higher class which is due to be allotted to the Additional Director, who has been transferred to the said station. 3. I have considered the rival contentions in detail. I am of opinion that the petitioner has no right to continue to occupy Quarter No. 1 insofar as the Additional Director has a better claim for occupation of the quarter. If the petitioner has no legal right to continue occupation of Quarter No. 1, I do not think that the petitioner has any enforceable right in that regard. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [true copy P.S to Judge. W.P.C. No. -: 2 :- P.S TO JUDGE.