IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 W.P(C).No. 1181 of 2008(N) ------------------------------------- PETITIONER: -------------- JESSIE.B.MATTOM, AGED 44 YEARS, W/O.JACOB, TEACHER, RESIDING AT BETHEL, OTTAKKANDATHIL, MALAPARAMBA, KOZHIKODE-9. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ----------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, CHAKKORATHKULAM, CALICUT 673 006. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOUSING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. I.V. PRAMOD SRI. POOVAPPALLY M. RAMACHANDRAN NAIR, SC FOR KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 1181 OF 2008 N = = = = = = = = = = = = = = = = Dated this the 10th January, 2008 J U D G M E N T Challenge in this writ petition is against Ext. P4 demand notice. Petitioner seeks a direction to the 2nd respondent to execute the sale deed in respect of the apartment allotted to her. Ext. P4 is a communication addressed to the petitioner calling upon her to remit an amount of Rs.1,05,014/- towards the final settlement of accounts in respect of the flat allotted. Petitioner challenges her liability to pay this amount. As is evident from the records produced the amount that is demanded, bifurcation of which is given in Ext.P7 is towards the final cost, interest and other dues. 2. The liability in this regard is not open to be disputed by the petitioner in view of the specific provisions that are incorporated in Ext. P2 agreement between the petitioner and the Housing Board. In Ext. P2 it is stated that the price fixed and remitted by the petitioner was only tentative and it will be open to the Board to WPC No. 1181/08 - 2 - demand additional payments. In view of the above position and as the petitioner has not remitted the amount that is due, this Court will not be justified in directing execution of the sale deed also. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-