IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 3378 of 2008(B) --------------------------------------- PETITIONER: -------------------- GREETA SEBASTIAN, HOUSE NO.50/1212A, JCRA 46, JAWAN CROSS ROAD, PONEKARA, COCHIN-26. BY ADV. SRI.C.S.GOPALAKRISHNAN NAIR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. KERALA STATE HOUSING BOARD, REPRESENTED BY THE SECRETARY, HOUSING BOARD COMPLEX, SANTHI NAGAR, THIRUVANANTHAPURAM-1. 3. THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, PANAMPILLY NAGAR, COCHIN-36. 4. THE ADMINISTRATIVE OFFICER, KERALA STATE HOUSING BOARD, PANAMPILLY NAGAR, COCHIN-36. R1 BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH R2 TO R4 BY SRI.A.JAYASANKAR, SC KSHB, TVM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3378/2008 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CIRCULAR LETTER NO.D4/AALLOTMENT/ COCHIN/87 DTD. 10/12/1987 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER NO.D7/27(V)AF2/KG.HAS/1987 DTD. 24/12/1987 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER NO.D9/SP14/EDPY/87 DTD. 28/03/1988 ISSUED BY THE 4TH RESPONDENT. EXT.P4: COPY OF THE AGREEMENT DTD. 18/04/1988. EXT.P5: COPY OF THE LETTER NO.D9/SP.14/EDPY/87 DTD. 14/01/1991 ISSUED BY THE 4TH RESPONDENT. EXT.P6: COPY OF THE PLOT HANDING OVER RECEIPT TO THE PETITIONER. EXT.P7: COPY OF THE LETTER NO.D6/EDAPALLY SCHEME/S.P.14 DTD. 13/08/1993 ISSUED BY THE 3RD RESPONDENT. EXT.P8: COPY OF THE LETTER NO.D9/SP-14/EDPY/87 DTD. 21/02/1994 ISSUED BY THE 3RD RESPONDENT. EXT.P9: COPY OF THE LETTER NO.DB2-1805/SP-14/88 DTD. 7/1994 ISSUED BY THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, COCHIN. EXT..P10: COPY OF THE DISBURSEMENT ORDER NO.REM 1029 DTD. 03/06/1994. EXT.P11: COPY OF THE DISBURSEMENT ORDER NO.REM 1029 DTD. 19/08/1994. EXT.P12: COPY OF THE DISBURSEMENT ORDER NO.REM 1029 DTD. 19/01/1995. EXT.P13: COPY OF THE LETTER NO.REM/1029 DTD. 01/01/2003 ISSUED BY THE 3RD RESPONDENT'S OFFICE. EXT.P14: COPY OF THE LETTER NO.E1/SP-14/EDPY DGD. 28/09/2006 ISSUED BY THE ACCOUNTS OFFICER. EXT.P15: COPY OF THE LETTER DTD. 28/11/2006 ADDRESSED TO THE ACCOUNTS OFFICER IN THE 3RD RESPONDENT'S OFFICE. Kss ..2/- ...2.... WPC.NO.3378/2008 B EXT.P16: COPY OF THE LETTER NO.D9/SP-14/EDPY/87 DTD. 17/03/2007. EXT.P17: COPY OF THE MINUTES OF THE BOARD HELD ON 20/10/1998. EXT.P18: COPY OF THE LETTER DTD. 27/03/2007 ADDRESSED TO THE 4TH RESPONDENT. EXT.P19: COPY OF THE APPLICATION DTD. 05/05/2007. EXT.P20: COPY OF THE LETTER NO.EC/7329/07 DTD. 11/06/2007. EXT.P21: COPY OF THE LETTER DTD. 18/06/2007. EXT.P22: COPY OF THE APPEAL DTD. 14/07/2007. EXT.P23: COPY OF THE LETTER NO.EC/7239/07 DTD. 18/08/2007 ISSUED BY THE STATE PLUBLIC INFORMATION OFFICER IN THE OFFICE OF THE 2ND RESPONDENT. EXT.P24: COPY OF THE LETTER DTD. 04/09/2007. EXT.P25: COPY OF THE LETTER DTD. 10/09/2007. EXT.P26: COPY OF THE SALE DEED NO.4461 OF 2007 OF SRO, EDAPALLY. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 3378 OF 2008 ----------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT The prayer sought for in this writ petition is to direct the respondents to execute the sale deed in respect of the plot of land that is allotted to the petitioner. Making reference to the statement filed by the 3rd respondent, petitioner submits that he is ready and willing to make remittance of a further amount of Rs.80,033/- for executing sale deed in terms of Ext.P17 decision. 2. If as stated by the petitioner, remittance of Rs.80,033/- is what stands in the way of the respondents in executing the sale deed in terms of Ext.P17, on the petitioner remitting Rs.80,033/-, I direct that the respondents shall execute sale deed in favour of the petitioner. 3. It is clarified that in addition to the aforesaid amount, if any other amount is due from the petitioner, either towards the cost of the land or any other item, it will be open to the respondents to realise such dues from the petitioner and that execution of the sale deed will be only on satisfaction of such claims. 4. Counsel for the respondents submitted that a portion of the land is still puramboke and is yet to be assigned by WPC No. 3378 OF 2008 2 Government and that the value payable to the Government is still uncertain and hence they are not in a position to fix the full value payable by the petitioner. However, I notice that, the statement is silent as to whether the land allotted to the petitioner is puramboke, the title of which is yet to be assigned to the petitioner. Further, it is on record that other allottees in the area have already been given title deeds. In view of this, absence of assignment cannot be a reason to delay the title deed and in any case it is open to the respondents to insulate themselves by incorporating necessary conditions in the sale deed to be executed. They can also incorporate necessary conditions making the petitioner liable for any additional amounts payable in future. It is directed that if the petitioner satisfies all such claims and subject to what is stated above, sale deed shall be executed within six weeks thereafter. ANTONY DOMINIC, JUDGE ttb WPC No. 3378 OF 2008 3 WPC No. 3378 OF 2008 4