IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 18102 of 2006(E) ----------------------------------------- PETITIONER(S): ------------------------ M. JAYACHANDRAN NAMBIAR, MAKUNY, PALAPARAMBU ROAD, ELAMAKKARA P.O., ERNAKULAM, KOCHI-682 026. BY ADV. SRI.T.P.KELU NAMBIAR (SR.) SRI.P.G.RAJAGOPALAN SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT(S): --------------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA STATE HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KANNUR DIVISION, KANNUR-670 002. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 & R2 GOVERNMENT PLEADER FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18102/2006 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER NO.S1/E9-3/CHIRAKKAL/97 DTD. 15/05/1999 OF THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, CALICUT. EXT.P2: COPY OF LETTER NO.HB/3533/CHIRAKKAL/GENL. DTD. 3/06/2005 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF LETTER DTD. 25/06/2005 SENT BY THE PETITIONER'S AGENT TO THE 2ND RESPONDENT. EXT.P4: COPY OF LETTER NO.HB/E9-3/CHIRAKKAL DTD. 23/11/2005 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF LETTER DTD. 15/12/2005 SENT BY THE PETITIONER'S AGENT TO THE 2ND RESPONDENT. EXT.P6: COPY OF LETTER NO.HB/E9-3 CHIRAKKAL, DTD. 23/01/2006 OF THE 2ND RESPONDENT TO THE PETITIONER WITH COPY OF STATEMENT OF ACCOUNTS. EXT.P7: COPY OF LETTER DTD. 28/01/2006 SENT BY THE PETITIONER'S AGENT TO THE 2ND RESPONDENT. EXT.P8: COPY OF LETTER NO.HB/3535/GENERAL, DTD. 14/06/2006 OF THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KANNUR DIVISION, TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.18102 of 2006 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT Petitioner essentially has certain grievances with regard to the computation of his liability towards the Housing Board. Learned Standing Counsel for the first respondent Board submits that in case the petitioner/his duly authorised agent appears in person before the second respondent the entire dispute can be sorted out by providing the petitioner/authorised agent an opportunity to verify the records and take steps to correct the mistakes, if any, crept in the application. In order to enable the petitioner to take such steps Ext.P8 is quashed. The writ petition is disposed of with a direction to the petitioner/agent to appear before the second respondent on 7-11-2008 on which date the second respondent shall afford an opportunity for hearing to the said person, permit him to verify the accounts and pass fresh orders within another one month. The fate of the amount deposited by the petitioner will depend on the order thus passed by the second respondent. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.18102 of 2006 ----------------------------------- JUDGMENT 22nd October, 2008