IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16226 of 2009(W) -------------------------- PETITIONER(S): --------------- K. GOPINATH, AGED 50 YEARS, S/O. THE LATE C.KRISHNAN, THEERTHAM JAWAN CROSS ROAD, EDAPALLY NORTH P.O, KOCHI - 24. BY ADV. SRI.ANOOP JOSEPH RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD COCHIN HOUSING UNIT, PANAMPILLY NAGAR,ERNAKULAM, REPRESENTED BY ITS REGIONAL ENGINEER. 2. ADMINISTRATIVE OFFICER, KERALA STATE HOUSING BOARD, COCHIN HOUSING UNIT, EDAPPALLY, ERNAKULAM. 3. SPEICAL TAHSILDAR (LA), G C D A, KOCHI - 20. BY SC SRI.A.JAYASANKAR GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16226/2009 -------------------- Dated this the 15th day of June, 2009 JUDGMENT Petitioner is an employee of FACT, Udyogamandal. He purchased a plot with a building at Edappally. It is seen that the same was allotted to one Babu earlier. Sanction was accorded for transfer on condition that the entire arrears will be cleared first. Arrears according to the petitioner, is cleared. Further procedure and formalities were complied with. Petitioner submitted his request before the Regional Engineer of the 1st respondent for registration of the sale deed, as evidenced by Ext.P1. Earlier the petitioner had approached this Court in Writ Petition No.10424/2005 which was disposed of under Ext.P2 judgment recording the submission of the Housing Board that the sale deed can be registered in the name of the petitioner, if the petitioner remits the transfer fee of Rs.32,269/-. Later, a draft transfer agreement was sent to the petitioner. Petitioner was also issued a draft of the W.P.(C).16226/2009 2 conditional sale deed as evidenced by Ext.P3. Sale deed was made conditional apparently because the Board was not able to ascertain the final land acquisition costs incurred in this regard. Petitioner then approached this Court in Writ Petition No.22120/06 seeking a direction to the 1st respondent to effect an absolute sale deed. The said writ petition was disposed of under Ext.P4 judgment noting that in similar cases this Court had issued a direction to effect conditional sale incorporating the required conditions enabling the Housing Board to recoup its liability, if need arises subsequently, by enhancement of the land value under the Land Utilization Order and also providing for a charge. According to the petitioner, Exts.P5 and P6 would show that no LAR cases are pending with regard to the petitioner's property. Therefore, there is no need for any conditional sale deed. Hence the writ petition praying for a direction to the 1st respondent to execute the sale deed. 2. In my view, the issue is covered by Ext.P4 W.P.(C).16226/2009 3 judgment. Petitioner has accepted Ext.P4 and cannot now turn around and contend that in spite of Ext.P4, Board should be compelled to execute an unconditional sale deed. In fact it is difficult to discern any grievance on the part of the petitioner. All that the Board now requires to the petitioner to do is to incorporate a clause in the sale deed agreeing to reimburse the Board, any further amounts which the Board might be compelled to pay as additional land cost, arising from the land acquisition awards, comprehending the property, acquired by the Housing Board. If there are no LAR cases, there is no possibility of any enhancement of the land acquisition compensation. Then, obviously a clause in the sale deed which keeps alive the liability of the petitioner to reimburse any additional land acquisition compensation, would not bring about any real consequences to the petitioner. It seems that the Board has insisted the incorporation of a similar clause in all the sale deeds. The conveyance of the title by the Board in favour of the petitioner would also not be intercepted or interfered with merely W.P.(C).16226/2009 4 because there is such a clause incorporated in the sale deed. As a matter of fact, the term “conditional sale deed” does not correctly describe the situation. Sale deed, as and when executed by the Board, would be an appropriate sale deed and clause enabling the Board to get itself reimbursed of any additional land acquisition compensation would not derogate from the derivation of title by the petitioner. In these circumstances, apart from the fact that the request made by the petitioner is covered by Ext.P4 judgment, I am also not in a position to discern any prejudice that the petitioner may be visited with, on account of the stipulation made by the Housing Board as mentioned above. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs