IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 5314 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ K.K.PRASAD, AGED 55 YEARS, S/O.LATE K.N.KESAVAN,E2 QUARTERS,THEVALLY, KOLLAM. (FORMERLY ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM) BY ADVS. MR.V.V.RAJA, MR.R.RANJITH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 1. 2. THE DISTRICT COLLECTOR,COLLECTORATE, KOLLAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D(BUILDINGS SUB DIVISION),KOLLAM-1. 4. VILLAGE OFFICER,KOLLAM WEST VILLAGE, KOLLAM. *ADDL.R5 IS IMPLEADED: R5. P.SIVADASAN, CONFIDENTIAL ASSISTANT, RESIDING AT SARASWATHY VILASOM, VADUTHALA MURI, PAMMANA VILLAGE, PUTHENCHANTHA P.O., CHAVARA,PIN – 691 587. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 13/03/2009 IN I.A.NO.3455/09) R1 TO R4 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH ADDL.R5 BY ADV. MR.G.BHAGAVAT SINGH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5314/2008 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DTD. 13/05/2007 ISSUED BY DR.MATHEW PHILIP OF P.V.S.HOSPITAL, ERNAKULAM. EXT.P2: COPY OF THE REPRESENTATION DTD. 4/11/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE NOTICE NO.E 3 – 51547 OF 2002 DTD.5/01/2009, ISSUED ON BEHALF OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DTD. 23/01/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF THE COMMUNICATION NO.4E3 – 51547 OF 2002 DTD. 9/02/2009. EXT.P6: COPY OF THE CERTIFICATE DTD. 16/09/2000 ISSUED FROM THE CHRISTIAN MEDICAL COLLEGE HOSPITAL, VELLOOR. EXT.P7: COPY OF THE CERTIFICATE DTD. 14/03/2009 ISSUED BY DR. MATHEW PHILIP CONSULTANT GASTRO ENTEROLIGIST. EXT.P8: COPY OF THE LABORATORY REPORT DTD. 14/03/2009 ISSUED FROM THE PVS MEMORIAL HOSPITAL, KALOOR. EXT.P9: COPY OF THE ARTICLE SEEN PUBLISHED IN MATHRUBHUMI DAILY DTD. 19/02/2008. EXT.P10: COPY OF THE REPRESENTATION DTD. 27/02/2009 SUBMITTED BEFORE 'SUTARYA KERALAM'. EXT.P11: COPY OF THE ORDER DTD. 18/12/2007 ISSUED ON BEHALF OF THE SECRETARY, PUBLIC WORKS DEPARTMENT. EXT.P12: COPY OF THE COMMUNICATION DTD. 8/04/2008 ISSUED ON BEHALF OF THE SECRETARY, DEPARTMENT OF PUBLIC WORKS. EXT.P13: COPY OF THE RECEIPT EVIDENCING THAT EXHIBIT P2 REPRESENTATION WAS FORWARDED. EXT.P14: COPY OF THE RELEVANT PAGE OF PASS BOOK HAVING LOAN ACCOUNT NO.33344. EXT.P15: COPY OF THE OF THE RELEVANT PAGE OF PASS BOOK HAVING LOAN ACCOUNT NO.33345. Kss ..2/- ...2.... WPC.NO.5314/2009 H EXT.P16: COPY OF THE RELEVANT PAGE OF PASS BOOK HAVING LOAN ACCOUNT NO.33414. EXT.P17: RECEIPT DTD. 20/01/2009 ISSUED BY THE MAYANADU REGIONAL CO-OPERATIVE BANK EVIDENCING PAYMENT OF INSTALLMENTS. EXT.P18: COPY OF THE MEMO ISSUED BY THE KOLLAM DISTRICT CO-OPERATIVE BANK. EXT.P19: COPY OF THE COMMUNICATION DTD. 19/02/2009 ISSUED BY THE MANAGER, THE FEDERAL BANK, KOLLAM BRANCH. EXT.P20: COPY OF THE COMMUNICATION DTD. 19/02/2009 ISSUED BY THE MANAGER, FEDERAL BANK LTD., KOLLAM BRANCH. EXT.P21: COPY OF THE COMMUNICATION DTD. 9/03/2009 ISSUED ON BEHALF OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5(A): COPY OF THE ALLOTMENT ORDER NO.E3-51547/2002 DTD. 14/01/2009 OF THE 2ND RESPONDENT. EXT.R5(B): COPY OF THE CHALAN RECEIPT BEARING NO.19 FOR THE PAYMENT OF RENT. EXT.R5(C); COPY OF THE APPLICATION UNDER R1 ACT DTD. 02/02/2009 FILED BY THE JUNIOR SUPERINTENDENT, MUSIFF MAGISTRATE COURT, PARAVUR. EXT.R5(D): COPY OF THE REPLY NO.E3-7470/09 DTD. 9/02/09 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER. EXT.R5(E): COPY OF THE LETTER NO.A3-1119/86 DTD. 06/02/09 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.R5(F): COPY OF THE REPORT OF THE VILLAGE OFFICER, THAZHUTHALA TO THE 2ND RESPONDENT. EXT.R5(G): COPY OF THE THANDAPER ACCOUNT OF THE PETITIONER & HIS WIFE BEARING NO.6021. EXT.R5(H): COPY OF THE PAPER REPORT DTD. 05/03/2009 PUBLISHED IN RASHTRA DEEPIKA. /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5314/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2009 J U D G M E N T Heard the learned counsel for the petitioner and the learned counsel appearing for the additional fifth respondent and the learned Government Pleader. 2. The writ petition is filed challenging Ext.P5 order by which the petitioner was ordered to be evicted from the Quarters he was occupying. The petitioner retired from service on 30/11/2008 as Assistant Registrar of Co-operative Societies (Concurrent Auditor) of the Quilon Co-operative Urban Bank Ltd., Kollam. The petitioner had been residing in Quarters No.E2 allotted to him. According to him, he is afflicted with various ailments which require continuous treatment and, therefore, he sought for permission to continue in the quarters allotted to him for a further period of six months. Ext.P4 is produced herein in support of the above plea. Ext.P5 is the letter issued by the District Collector to the Village Officer to evict the petitioner from the quarters on the ground that he has already retired from service on 30/11/2008. 3. While admitting the writ petition, this Court passed an interim order directing the respondents not to take further action pursuant to Ext.P5 W.P.(C) No.5314/2009 -:2:- for a period of two weeks. When the matter came up for hearing on 04/03/2009, the District Collector was directed to consider Exts.P2 and P4 within two weeks and to communicate the order to the petitioner. 4. I.A.No.3455/2009 was filed by the impleading petitioner who has now been allotted the quarters as per Ext.R5(a). Ext.R5(a) is dated 14/01/2009. Ext.R5(b) shows that he has paid the prescribed rent on 21/01/2009. The impleading petitioner has raised a contention that going by Ext.R5(e), it will be evident that no application has been filed by the writ petitioner seeking for continued occupation of the quarters. The writ petitioner has filed a detailed counter affidavit to the interlocutory application filed seeking to implead the petitioner therein as additional fifth respondent, producing Exts.P6 to P21. The writ petitioner has produced various documents in support of his plea that he is suffering from various ailments. The writ petitioner emphatically denies the averment that he has not filed Ext.P2 before the District Collector as stated in the affidavit filed in support of the impleading application. 5. The dispute as raised above by the respective parties will show the following facts. The petitioner retired from service on 30/11/2008. No permission was granted to him by any of the authorities for the continued occupation of the quarters. But he is still continuing to occupy the same and, by Ext.P5, he was ordered to vacate the quarters. Ext.R5(a) will show W.P.(C) No.5314/2009 -:3:- that the quarters stands allotted to the additional fifth respondent. He has been directed to pay advance rent also and Ext.R5(b) shows that the rent has been paid by him. 6. Since the quarters stands allotted to the additional fifth respondent, at this stage there is no point in considering the application of the petitioner for continued occupation of the quarters. 7. In that view of the matter, there is nothing wrong in passing Ext.P5. 8. The writ petition is thus dismissed. Since the petitioner seeks time to vacate the quarters, time is allotted till 20/03/2009. The petitioner will vacate the quarters with due intimation to the third respondent before 3 p.m. on 20/03/2009. (T.R. Ramachandran Nair, Judge.) ms