IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 16202 of 2010(A) -------------------------- PETITIONER(S): --------------- AMMUKUTTY VARGHESE, D/O.GEEVARGHESE, TC 5/467, INDIRA NAGAR, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOUSING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS REGIONAL ENGINEER, REGIONAL OFFICE, PANAMPALLY NAGAR, KOCHI-682 036. GOVERNMENT PLEADER FOR R1 SRI.M.H.HANIL KUMAR SRI.A.JAYASANKAR, SC KSHB, TVM FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16202 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE PHOTOSTAT COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE KOCHI CORPORATION, DATED 21.12.06 EXT.P2- TRUE PHOTOSTAT COPY OF THE JUDGMENT IN W.P.(C).15422 OF 2007 DATED 2.1.09 EXT.P3- TRUE PHOTOSTAT COPY OF THE ORDER NO.D10/D6-222/EDPY OF THE 2ND RESPONDENT DATED 16.3.09 EXT.P4- TRUE PHOTOSTAT COPY OF THE APPEAL FILED BEFORE THE FIRST RESPONDENT DATED 27.5.09 EXT.P5- TRUE PHOTOSTAT COPY OF the COMMUNICATION OF THE 2ND RESPONDENT DATED 5.1.10 ADDRESSED TO THE PETITIONER EXT.P6- TRUE PHOTOSTAT COPY OF THE ORDER G.O.(RT)39/2009/HSG OF THE RESPONDENT NO.1 DATED 14.5.10 (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).16202/2010 .............................................. Dated this the 2nd day of June, 2011 JUDGMENT Petitioner, who is an allottee of the building along with the land as given by the second respondent/Board, is before this Court with the following prayers:- (i). To issue a writ of certiorari or other appropriate writ order or direction calling the records leading to Ext.P3 and P6 and quash the same. (ii). To declare that the petitioner is not liable to pay any interest including the penal and default interest as ordered in Ext.P3 and P6 2. Today when the matter was taken up for hearing, the learned counsel for the petitioner as well as the learned Standing Counsel for the second respondent submit that the issue with regard to the payment of arrears has already been settled between the parties and as such, nothing remains to be considered further in the writ petition. Accordingly, the writ petition is closed. W.P.(C).16202/2010 2 The issue with regard to the execution of the sale deed and such other matters, which is not specifically raised in the writ petition, is left open. P.R.RAMACHANDRA MENON, Judge mrcs