IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23325 of 2009(I) -------------------------- PETITIONER(S): --------------- THE TRIVANDRUM DISTRICT CO-OPERATIVE WHOLESALE SOCIETY LTD., NO.4, REPRESENTED BY ITS MANAGING DIRECTOR IN-CHARGE, S.BALACHANDRAN NAIR PUTHENCHANDA, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 2. THE COMPETENT AUTHORITY/EXECUTIVE ENGINEER, DIVISION NO.2, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. ADDITIONAL 3RD RESPONDENT: 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOUSING DEPARTMENT IS IMPLEADED AS ADDL. 3RD RESPONDENT AS PER JUDGMENT DT. 17.8.2009. ADV. SRI.KOOVAPPILLY M.RAMACHANDRAN NAIR SRI.A.JAYACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.23325 of 2009 ---------------------------------------- Dated this the 17th day of August, 2009. JUDGMENT The petitioner challenges Ext.P9 order passed by the competent authority under Section 85 of the Kerala State Housing Board Act, 1971, requiring the petitioner to vacate the premises on the ground of alleged arrears of rent and interest payable thereon. 2. I heard learned counsel for the petitioner and learned counsel for the Housing Board. 3. Ext.P9 order is appealable under Section 87 of the Act, before the Government. 4. In the circumstances, the State of Kerala represented by the Secretary to Government, Housing Department, can be impleaded as the additional 3rd respondent. 5. I heard learned Government Pleader on this aspect. W.P.(C).No.23325 of 2009 :: 2 :: 6. If the petitioner prefers an appeal within three weeks from today, the Government shall dispose it of within two months thereafter. Enforcement of Ext.P9 shall be kept in abeyance till a decision is taken on the appeal. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge