IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 30543 of 2008(J) -------------------------------------- PETITIONERS: --------------------- 1. M.CHANDRASENAN, S/O.K.MADHAVAN, AGED 58, FLAT NO.CF 3(A)12, P.T.P.NAGAR, THIRUVANANTHAPURAM. 2. R.REMA DEVI, W/O.CHANDRASENAN, FLAT.NO.CF 3(A) 12, P.T.P.NAGAR, THIRUVANANTHAPURAM. BY ADVS. MR.M.RAMASWAMY PILLAI, MR.P.M.JOSEPH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE HOUSING BOARD, REP. BY ITS CHAIRMAN, SHANTHI NAGAR, THAMPANOOR, THIRUVANANTHAPURAM. 3. ADMINISTRATIVE OFFICER, KERALA STATE HOUSING BOARD, SHANTHI NAGAR, THIRUVANAQNTHAPURAM. 4. REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, SHANTHI NAGAR, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER MR. M.A. ASIF, R2 TO R4 BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30543/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONERS AND THE HOUSING BOARD, DTD. 17/03/1990. EXT.P.2: COPY OF THE DETAILS OF PAYMENT MADE BY THE PETITIONERS. EXT.P.3: COPY OF THE CERTIFICATE DTD. 13/06/1994 ISSUED BY R.3. EXT.P.4: COPY OF THE LETTER DTD. 03/08/04 ISSUED BY THE RESPONDENT TO PAY RS.3,18,973/-. EXT.P.5: COPY OF THE LETTER DTD. 19/02/07 ISSUED BY THE RESPONDENTS TO PAY RS.98,078/-. RESPONDENTS' EXHIBIT: EXT.R4.A: COPY OF THE STATEMENT. //TRUE COPY// P.A. TO JUDGE. Prv. V.GIRI, J ------------------- W.P.(C).30543/2008 -------------------- Dated this the 8th day of April, 2009 JUDGMENT Petitioners have got allotment of a building from the Housing Board. They are aggrieved by the refusal on the part of the Housing Board to execute the sale deed in favour of the petitioners. As per Ext.P5 dated 19.2.2007, the Housing Board has intimated the petitioners that though earlier the Board had demanded an amount of Rs.3,18,973/-, after waiver of a portion of the interest, the Board will be satisfied if an amount of Rs.98,078/- is remitted. The stand has been reiterated in the counter affidavit also. Learned counsel for the petitioners submits that the petitioners are now ready to remit an amount of Rs.98,078/-, but credit may be given to the amount which has been remitted pursuant to the interim order passed by this Court. Submission is recorded. 2. I heard learned counsel for the Housing Board also. W.P.(C).30543/2008 2 3. Writ petition is disposed of directing the second respondent to execute the sale deed in favour of the petitioners on they remitting an amount of Rs.98,078, less any amount which they may have remitted pursuant to the interim order passed by this Court. The sale deed shall be executed without any delay as and when the balance amounts are remitted by the petitioners as indicated above. V.GIRI, Judge mrcs