IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 13425 of 2008(W) -------------------------- PETITIONER: ------------ ANIL KUMAR, S/O.KARUNAKARAN, U.D.CLERK, ESI DISPENSARY, THRIKKOVILVATTOM, KOLLAM. RESIDING AT QUARTERS NO.1, ESI DISPENSARY, KILIKOLLOOR, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HEALTH DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, SOUTH ZONE, ESI, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, INSURANCE MEDICAL SERVICE, KOLLAM. 4. INSURANCE MEDICAL OFFICER, THRIKKOVILVATTOM, KOLLAM. 5. INSURANCE MEDICAL OFFICE, ESI DISPENSARY, KILIKOLLOOR, KOLLAM. 6. SUBHA C.GOPAL, AXILIMARY MIDWIFE, ESI, KILIKOLLOOR. BY GP SMT.M.R. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13425/2008 -------------------- Dated this the 26th day of May, 2008 JUDGMENT Petitioner is aggrieved by Exts.P3 and P5 notices by which he has been asked to vacate the quarters which he is occupying in the Kilikolloor ESI Dispensary compound. Though in the reply given by the petitioner to Ext.P3, he had indicated that he only requires time to vacate quarters which he is occupying, namely 'B' type, it is now contended that the person in whose favour the allotment is made, is also not entitled to 'B' type quarters which the petitioner is occupying. 2. I have perused the averments in the writ petition as also in Exts.P3 to P6. I heard learned counsel for the petitioner Sri. C.Rajendran and the learned Government Pleader. 3. Taking note of the personal factors pleaded by the petitioner including the serious illness suffered by his wife, it is appropriate that the petitioner’s representation, W.P.(C).13425/2008 2 Ext.P6, be considered by the Insurance Medical Officer treating it as an objection to the notices issued to the petitioner to vacate the quarters. 4. In the result, writ petition is disposed of directing the fifth respondent to consider Ext.P6 representation and pass orders thereon, within a period of one month from the date of receipt of a copy of this judgment. If the fifth respondent proposes to accept the petitioner’s objection and vary the proposal contained in Ext.P5, then notices shall be issued to the sixth respondent also before any final decision is taken. Petitioner shall produce a copy of the writ petition along with the copy of the judgment before the fifth respondent. V.GIRI, Judge mrcs