IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 35052 of 2008(W) -------------------------- PETITIONER(S): --------------- MINI MANOJ, GOVERNMENT ENGINEERING COLLEGE QUARTERS, ENGINEERING COLLEGE PO., THRISSUR. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENT(S): ------------------ 1. SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION THIRUVANANTHAPURAM. 3. PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 35052 of 2008 ====================================== Dated this the 27th day of November 2008 JUDGMENT Heard Sri.KRB Kaimal, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner's husband Sri.Manoj Kumar K. is working as Tradesman in the Government Engineering College at Thrissur. The petitioner along with her husband and children, are residing in the quarters allotted to the petitioner's husband in July 2006. The petitioner's husband is presently on leave without allowances sanctioned to him by Government Order dated 18.4.2008 for a period of 5 years with effect from 3.7.2008. Since the continued occupation of government quarters by the family members of employees proceeding on leave without allowances, is subject to the approval of the Government, the petitioner's husband requested the Director of Technical Education in Ext.P1 letter dated 3.7.2008 to permit his family members to reside in the quarters for the current academic year, 2008-2009. Thereafter by Ext.P2 letter dated 23.9.2008, the Principal of the College informed the petitioner's husband that within one month from the date of receipt of the said letter he should obtain the permission of the Government to enable his family to continue to reside in W.P.(C)No.35052 of 2008 2 the quarters. Later by Ext.P3 letter dated 18.11.2008, the Principal of the College directed the petitioner's husband to vacate the quarters before 30.11.2008 for a reason that the Director of Technical Education has informed him that the request made by the petitioner cannot be granted. The petitioner submits that her husband has in Ext.P4 representation dated 22.11.2008 requested the Government to permit his family members to continue to occupy the quarters till 31.3.2009. The petitioner's husband has also undertaken to surrender quarters on 31.3.2009 and also to pay the rent due from time to time. In this writ petition, the petitioner inter alia prays for a direction to the Secretary to Government, Higher Education Department to consider the request made by her husband in Ext.P4 and to permit her and her family members to occupy the quarters till 31.3.2009. 3. Ext.P2 discloses that the sanction of the Government is necessary to enable the petitioner and her family members to continue to reside in the quarters allotted to her husband. Ext.P2 also states that the request made by the petitioner in Ext.P1 has been forwarded to the Director of Technical Education. The Director of Technical Education Department declined such permission and thereupon Ext.P3 letter was issued. The petitioner's husband has in Ext.P4 representation moved the W.P.(C)No.35052 of 2008 3 Government and sought permission for his family members to continue to occupy the quarters till 31.3.2009. He has also undertaken to vacate the quarters on 31.3.2009. The pleadings disclose that the petitioner has two children aged 7 and 4 years studying in the Chinmaya Vidyalaya Public School at Kolazhy in Thrissur District. The petitioner's husband has in Ext.P4 pointed out that it will be difficult to shift them to another school as the academic year is coming to an end and that no residence is also available near the school where his children are studying. 4. The question whether having regard to the peculiar facts of the case, the petitioner and her family members should be permitted to continue to occupy the quarters allotted to the petitioner's husband till 31.3.2009 is primarily a matter for the Government to decide, having regard to various factors including the question whether the quarters occupied by them is required for any other employee who is in dire need of a quarters. Therefore at least in the first instance the Government should consider the request made by the petitioner's husband in Ext.P4. In these circumstances, I dispose of the writ petition with a direction to the Secretary to Government, Higher Education Department to consider the request made by the petitioner's husband in Ext.P4 to take a decision thereon. This shall be done W.P.(C)No.35052 of 2008 4 within two months from today. Till such time, the respondents shall not evict the petitioner or her family members from the quarters which she is presently occupying. The petitioner's right to continue to occupy the quarters will be subject to the orders passed by the Government on Ext.P4. P.N.RAVINDRAN, JUDGE css/