IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 4326 of 2010(M) ------------------------- PETITIONER: --------------- REMADEVI N.R., AGED 30 YEARS, D/O. MALINI, REVATHI BHAVAN, ARASU PARAMBU, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE HOUSING BOARD, HOUSING BOARD COMPLEX, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 3. THE EXECUTIVE ENGINEER, DIVISION NO.II, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.P.NARAYANAN STANDING COUNSEL SHRI.A.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, ALONG WITH WPC NO. 4327 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)Nos.4326 & 4327 of 2010 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioners are aggrieved by proceedings issued by the Housing Board produced as Ext.P7 in both writ petitions whereby the Earnest Money Deposit is proposed to be forfeited to the Housing Board. 2. Both the writ petitioners participated in the auction conducted by third respondent for letting out the shop rooms at Revenue Tower, Nedumangadu and the bid submitted by the petitioners were accepted. The petitioner in W.P.(C)No.4326 of 2010 was allotted with shop room No.228 for monthly rent of Rs.2,170/- and the petitioner in W.P.(C).No.4327 of 2010 was allotted with shop room No.229 for a similar monthly rent. They deposited Rs.10,000/- each on 1/3/2007 and the petitioner in W.P.(C).No.4326 of 2010 deposited Rs.1,50,000/- on 7/3/2007 whereas petitioner in W.P.(C)No.4327 of 2010 deposited Rs.1,39,000/- on 7/3/2007. 3. Because of various other problems namely for want of sufficient access etc it appears that the petitioners did not occupy the room after entering into an agreement. Finally the W.P.(C)Nos.4326 & 4327 of 2010 2 Housing Board by Ext.P7 inform that unless execute agreement before 15/2/2010 earnest money deposit will be forfeited without any further intimation. 4. The learned Standing Counsel for the respondents submitted that Ext.P7 shows only the action of the Board to forfeit the earnest money deposit. It is not a case where they are trying to withhold the security deposit received from the petitioners. The petitioners can approach the third respondent for return of the security deposit and the same will be returned without any delay. 5. Therefore the third respondent is directed to release the security deposit after forfeiting Earnest Money Deposit for which petitioners are agreeable. Appropriate action will be taken within a period of three weeks from the date of production of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj