IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11693 of 2009(F) -------------------------- PETITIONER(S): --------------- ANSAR BEEGUM.M,W/O.C.M.MAJEED,AGED 46 YEARS,SENIOR LECTURER,DIET,ERNAKULAM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE PRINCIPAL,DIET,RAMA VARMAPURAM, PALLIMOOLA, THRISSUR DISTRICT. 4. THE PRINCIPAL,DIET,KURUPPAMPADY, ERNAKULAM DISTRICT. BY SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.11693 of 2009-F ------------------------------ Dated this the 7th day of April, 2009. J U D G M E N T The petitioner is working as Senior Lecturer in DIET, Ernakulam. She is occupying a Government quarters at Thrissur, where she was posted during the previous academic year. The petitioner has filed this writ petition aggrieved by Ext.P3 letter dated 2.4.2009 sent by the Director of Public Instruction, directing her to vacate the quarters allotted to her and to entrust the key to the Principal of DIET, Thrissur. The petitioner submits that out of 14 quarters 2 are occupied by non-DIET staff and 4 are kept vacant and that she has moved the Government in Ext.P4 representation dated 4.4.2009 seeking cancellation of Ext.P3 and a direction to the Principal, DIET, Thrissur not to evict the petitioner from the quarters presently occupied by her. 2. The Director of Public Instruction has taking note of the fact that the petitioner is not stationed at Thrissur directed her to vacate the quarters. Aggrieved by the said direction the petitioner has moved the Government seeking permission of the Government to continue to occupy the quarters allotted to her. The petitioner W.P(C) No.11693 of 2009-F 2 submits that her children are studying at Thrissur and that atleast till her children complete their studies in the school she may be permitted to continue to occupy the quarters allotted to her at Thrissur. In my opinion since the petitioner has already moved the Government by submitting Ext.P5 representation, it is for the Government to decide whether the petitioner's request can be granted. In these circumstances, I dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider the request made by the petitioner in Ext.P5 and pass orders thereon within two months from today. The Government shall after the orders are passed on Ext.P5, communicate a copy thereof to the petitioner. Till then the operation of Ext.P4 shall be kept in abeyance. The petitioner shall however continue to pay the rent for the period during which she is in occupation of the quarters. If there is any arrears she shall pay the arrears of rent to the competent authority. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge ab W.P(C) No.11693 of 2009-F 3