IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD JULY 2007 / 1ST SRAVANA 1929 WA.No. 1801 of 2007() --------------------- AGAINST THE JUDGEMENT IN WPC.4020/2005 Dated 06/06/2007 .................... APPELLANT: PETITIONER --------------------- K.A.THANKAPPAN, S/O LATE AYYAPPAN, TELECOM MECHANIC, BSNL, OFFICE OF SDE PHONES(EXTENAL), MUVATTUPUZHA, RESIDING AT 19/669 QUARTER, TELECOM, BSNL, PATTAL, IRINGOL P.O., PERUMBAVOOR. BY ADV. SMT.P.V.KOCHUTHRESIA RESPONDENTS: ------------- 1. THE CHIEF GENERAL MANAGER, TELECOM, BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM. 2. THE PRINCIPAL GENERAL MANAGER,BSNL, ERNAKULAM, SSA, ERNAKULAM, KOCHI-18. 3. THE DIVISIONAL ENGINEER, BSNL, TELECOM, PERUMBAVOOR P.O. 4. THE SUB-DIVISIONAL ENGINEER,(INDOOR), BSNL, TELEPHONE EXCHANGE, PERUMBAVOOR. BY SC FOR BSNL SRI. K.KESAVANKUTTY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S.Radhakrishnan & Antony Dominic, JJ. ======================== W.A.No. 1801 of 2007 ======================== Dated this the 23rd day of July, 2007. JUDGMENT Radhakrishnan,J. This appeal is filed against the judgment in W.P.(C) No.4020 of 2005. Writ Petition was preferred for a writ of certiorari to quash Exts.P5, P8 and P9 and also the proceedings initiated to recover damage rent from the petitioner and for a writ of mandamus directing the respondent to allot B type quarter at Perumbavoor and also for consequential reliefs. Two interim orders have been passed by the learned single Judge; one is dated 28th March, 2006 and the other is dated 10th July, 2006. Orders are self-explanatory. By order dated 28th March, 2006, the learned single Judge has ordered that if the petitioner files a representation praying for allotment of a residential quarter at Muvattupuzha, the competent authority shall consider the same and pass orders thereon in accordance with law without delay. It is also ordered that in case the petitioner is allowed a residential quarter at Muvattupuzha, he shall forthwith vacate from the present WA 1801/07 -: 2 :- quarter occupied by him at Perumbavoor. Order dated 10th July, 2006 states that the petitioner was offered residential quarters at Muvattupuzha as ordered by this Court on 22.4.2006 and he was taken possession of the same on 2.5.2006 but has not vacated the Quarters at Perumbavoor. Under such circumstances, the Department has demanded rent. 2. In the circumstances, we find no infirmity in the judgment rendered by the learned single Judge. Counsel for the petitioner submitted that the petitioner has preferred Ext.P10 before the first respondent and the same is pending consideration. It is open to the authority to pass orders on Ext.P10. Counsel for the petitioner submits that he proposes to move Departmental Authorities, he may do so, about which we express no opinion. Writ Appeal is dismissed. K.S.Radhakrishnan, Judge. Antony Dominic, Judge. ess 23/7