IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WA.No. 734 of 2009() -------------------- (AGAINST JUDGMENT DT.2.1.2009 IN W.P.(C) NO.38045/2008 OF LEARNED SINGLE JUDGE, HIGH COURT OF KERALA.) -------------------------- APPELLANT/ PETITIONER ------------------ E.V.MURALEEDHARAN NAIR, AGED 43 YEARS, S/O.VASUDEVAN NAIR, QUARTER NO.B-3, AZHOOR, PATHANAMTHITTA. BY ADV. SRI.P.F.FRANCIS RESPONDENTS/ RESPONDENTS -------------------------- 1. BHARAT SANCHAR NIGAM LIMITED, REPRESENTED BY SUB DIVISIONAL ENGINEER, BROAD BAND, THIRUVALLA, PATHANAMTHITTA. 2. A.G.M.ADMINISTRATION, B.S.N.L., O/O.G.M.T., THIRUVALLA. SRI.P.KESAVANKUTTY, SC FOR RESPONDENTS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------------------- W.A. No.734 OF 2009 ---------------------------------------- Dated this the 27th day of March, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is an employee under the BSNL. While he was working at Azhoor, Pathanamthitta, he was allotted Quarter No.3 of BSNL staff quarters at Azhoor. He was transferred to Seethathode on 28.4.2008. As per the relevant rules, the appellant should have vacated from the aforementioned quarter within two months. But, he continued there. When coercive steps were taken to evict him, he filed the writ petition and the learned Single Judge granted him one month's time to vacate from the quarter by judgment dated 2.1.2009. The said time limit expired on 1.2.2009. Even now, the appellant did not vacate. So, the BSNL moved a Contempt Application before the learned Single Judge and in that proceedings, the appellant gave an undertaking that he will vacate by 27.3.2009 and today, the case is posted for reporting compliance. While so, this W.A.No.734/2009 2 appeal is filed seeking further time. 2. We feel that it is not proper for us to interfere in this matter. Of course, if the appellant had any legal right to retain the quarter allotted to him, this Court may be justified in interfering in the matter. In the absence of any right, the appellate court will not grant any relief to him. Accordingly, the appeal is dismissed. If the appellant requires further time, he can move the learned Single Judge for the same. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps