IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4480 of 2009(G) ------------------------------- PETITIONER: -------------- K.P.DAVIS, DIRECTOR, VICTORY PRESS(P)LTD, P.B.NO.27, KUNNAMKULAM, THRISSUR. BY MR.GEORGE POONTHOTTAM, ADVOCATE. RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE HOUSING BOARD, REPRESENTED BY ADMINISTRATIVE OFFICER, HOUSING BOARD, THIRUVANANTHAPURAM. BY MR. POOVAPPALLY M. RAMACHANDRAN NAIR, SC FOR KSHB. MR. P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.4480 of 2009 --------------------------------- Dated, this the 11th day of February, 2009 J U D G M E N T Heard both sides. 2. The petitioner is a tenant of the ground floor of the upper zone North-West block of the building belonging to the respondents situated at Thiruvananthapuram. The petitioner submits that the respondents demanded revision in the rent payable, and that the same was contested by the petitioner. Finally, Ext.P4 order was issued requiring the petitioner to vacate from the premises for non- payment of the rent as revised. On receipt of Ext.P4, the petitioner filed Ext.P6 appeal before the 1st respondent invoking the appellate remedy available under Section 87 of the Housing Board Act, 1971. That appeal is pending. In the meanwhile, the petitioner apprehends that Ext.P4 order of eviction will be executed against him. It is with that grievance, the writ petition is filed. 3. Having regard to the above factual position, I feel it is only appropriate that the writ petition itself is disposed of with the following directions. WP(C) No.4480/2009 -2- (1) That the 1st respondent shall consider and pass orders on Ext.P6 appeal filed by the petitioner with notice to the parties as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. (2) It is also directed that in the meanwhile on the petitioner paying the rent as it stood prior to the impugned revision, further proceedings pursuant to Ext.P4 will be kept in abeyance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg