IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 16545 of 2004(T) -------------------------- PETITIONER(S): --------------- CAPTAIN B.S. PRAKASH, T.C.NO.2/3467(3) HARIS FLAT COMPLEX,ST.MARY'S LANE, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD, TRIVANDRUM, REP. BY TIS CHAIRMAN. 2. THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, TRIVANDRUM. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF AGREEMENT EXECUTED IN RESPECT OF PLOT NO.58 DT.12.2.1987 BETWEEN THE PETITIONER AND R1. P2: TRUE COPY OF LETTER DT.17.5.2004 ISSUED BY R2. P3: TRUE COPY OF REPRESENTATION ON 22.5.2004 SUBMITTED BY THE PETITIONER BEFORE R1. P4: TRUE COPY OF RELEVANT ORDER DT.7.10.95 ISSUED BY THE BOARD AS PER THE DECISION TAKEN AS EARLY AS IN 1995. P5 COLLECTIVELY: TRUE COPIES OF THE LATEST CORRESPONDENCE BETWEEN THE PETITIONER AND THE BOARD DT.3.3.2004. RESPONDENT'S EXHIBITS: R1(a): PHOTOCOPY OF O.P. NO.459/2001 FILED BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, TRIVANDRUM DT.30.11.01. R1(b): PHOTOCOPY OF WRITTEN VERSION SUBMITTED BY THE HOUSING BOARD DT.NIL. R1(c): PHOTOCOPY OF ORDER IN O.P. NO.459/2001 DT.31.7.02. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.16545 of 2004 .................................................................... Dated this the 22nd day of July, 2009. JUDGMENT W.P. was filed challenging the order of the Housing Board cancelling the allotment of the three housing plots to the petitioner for default in completion of construction of the building. The purpose of allotment of the housing plot is to help people to acquire houses for themselves. In fact, the allotment of several housing plots to same person itself is against the scheme. Further, the Consumer Forum rightly held that those failing to construct building within a reasonable time in the allotted housing plots, should not be allowed to retain vacant plots and the Housing Board was rightly directed to cancel allotments for default in construction of the building. In this case this court vide interim order dated 6.7.2004 directed the Housing Board to permit the petitioner to sell the housing plots on clearing the arrears. It is not known whether petitioner has complied with the interim order and sold the plots. Since the interim order was granted in favour of the petitioner, petitioner cannot have any grievance and accordingly W.P. is closed making the interim order absolute, by which cancellation of housing plots by the Housing Board was conditionally 2 superceded. If petitioner has not complied with the interim order, then the Housing Board orders will stand confirmed. C.N.RAMACHANDRAN NAIR Judge pms