IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 1722 of 2008(E) ------------------------- PETITIONER: ------------ A.VIBHESH, S/O.LATE BHARGAVAN, ARIYACHATTIL HOUSE, KAPPAD POST, CHEMANCHERRI, KOZHIKODE 673 304. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENTS: ------------- 1. KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, CHAKKORATHKULAM, CALICUT 673006 REPRESENTED BY ITS ASST. SECRETARY. 2. STATE OF KERALA REPRESENTED BY THE PRL. SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PANCHAYAT, KERALA, THIRUVANANTHAPURAM. R1 BY STANDING COUNSEL SRI.M.RAMACHANDRAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) Nos. 1722 OF 2008 ----------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT The prayer in this Writ Petition is to quash Ext.P5 and for directing the 1st respondent to return the original title deeds in respect of the property of the petitioner. 2. Petitioner submits that he is the legal heir of late Sri.Bhargavan, who was an Upper Division Clerk in the Sulthan Bathery Grama Panchayat. Sri.Bhargavan died on 09.08.99 and Ext.P1 is the death certificate. It is stated that during his life time, he had availed a housing loan from the 1st respondent, in respect of which the amount due to the 1st respondent has not been paid in full. The petitioner submits that in terms of Ext.P3 Government Order, the Government had ordered that in the event a Government employee dying in harness, his liability due to the Government upto Rupees two lakhs will be written off . On this basis the petitioner would submit that the liability to the 1st respondent is liable to be written off. Petitioner is also referring to Ext.P4 judgment passed by this Court wherein it has been mentioned that the liability towards a housing loan has been WPC No. 1722 of 2008 2 written off. On this basis it is argued that the petitioner is entitled to have the documents returned. 3. I have gone through Ext.P3 Government Order and also Ext.P4 judgment relied on by the petitioner. Ext.P3 Government Order makes it clear that in the event of a Government employee dying in harness, his liability due to the Government upto Rupees two lakhs will be written off. In this case the liability is to the 1st respondent and that the liability cannot be said to be a liability to the Government, which alone is covered by Ext.P3. Therefore, the petitioner is not entitled to the benefit of Ext.P3. 4. Coming to Ext.P4 judgment, relied on by the petitioner, though this judgment mentions that the liability towards housing loan has been written off, neither the Housing Board was a party to the judgment nor does the judgment state that the housing loan written off was one availed from the Housing Board. 5. In any case, since Ext.P3 Government Order is not applicable Ext.P4 judgment does not come to the rescue of the petitioner. If that be so, this court will not be justified in quashing WPC No. 1722 of 2008 3 Ext.P5, which is a reply sent by the Housing Board to the petitioner refuting his claim or directing the Housing Board to return the original documents deposited by the petitioner's deceased father. The Writ Petition fails and is dismissed. ANTONY DOMINIC, JUDGE btt WPC No. 1722 of 2008 4