IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 19646 of 2008(L) PETITIONER: --------------- DR. S. JAYALAKSHMI, HSA (TAMIL), GOVERNMENT HIGHER SECONDARY SCHOOL, DEVIKULAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: --------------- 1. SUB COLLECTOR, DEVIKULAM. 2. TAHSILDAR, DEVIKULAM. 3. VILLAGE OFFICER, KDH VILLAGE, MUNNAR. GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER NO.B2/100/05 DATED 10.6.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 19.6.2008 BEFORE THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 17.1.2009 SUBMITTED BY THE PETITIONER. EXT.P4 TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY SENIOR ASSISTANT IN CHARGE OF THE GOVERNMENT H.S.S.T., DEVIKULAM. EXT.P5 TRUE COPY OF ACKNOWLEDGEMENT ISSUED BY THE FIRST RESPONDENT FOR EXT.P3. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 19646 OF 2008 L ------------------------------------------------------ Dated this the 28th January, 2009 JUDGMENT The petitioner is working as H.S.A. (Tamil) in Government Higher Secondary School, Devikulam. She is aggrieved by Ext.P1 order dated 10.6.2008, by which the Tahsildar, Devikulam was directed by the Sub Collector, Devikulam to ensure that the petitioner is evicted from the Government Quarters. 2. The reliefs prayed for by the petitioner are the following: “(i) To issue a Writ of certiorari or any other appropriate writ, order or direction, to quash Ext.P1 to the extent it directs the petitioner to vacate Quarter No.X/588/MGP; (ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 1st respondent to issue formal orders sanctioning Quarter No.X/588/MGP to the petitioner; (iii) To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders on Ext.P2 representation submitted by the petitioner; (iv) To grant the cost of these proceedings to the petitioner; and (v) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.” W.P.(C) NO.19646 OF 2008 :: 2 :: 3. The Writ Petition was admitted on 30.6.2008. An interim stay was also granted for a period of two months. The interim order was extended by one month thereafter on 29.8.2008. The stay has expired. However, learned counsel for the petitioner submits that the petitioner is continuing in the Quarters in question. 4. The petitioner has submitted Ext.P3 representation dated 17.1.2009 to the Revenue Divisional Officer, Devikulam requesting to allot Quarters No.X/551 which fell vacant after filing the Writ Petition. Ext.P3 is not disposed of. As per Ext.P4 letter, the Headmaster has recommended for allotment of Quarters No.X/551 to the petitioner. Ext.P5 shows that Ext.P3 representation was received by the Sub collector, 5. Learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the first respondent, Sub Collector Devikulam, to dispose of Ext.P3 representation in accordance with law. It is submitted that no opportunity of being heard is necessary for the petitioner and she only prays for an early disposal of Ext.P3 representation by the Sub Collector. In the facts and circumstances of the case, the Writ Petition is W.P.(C) NO.19646 OF 2008 :: 3 :: disposed of directing the Sub Collector, Devikulam to consider and dispose of Ext.P3 representation dated 17.1.2009 submitted by the petitioner for allotment of Quarters No.X/551, as expeditiously as possible and, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The Sub Collector need not afford an opportunity of being heard to the petitioner as the petitioner has waived any such right. Till the matter is disposed of by the first respondent, the petitioner shall not be evicted from Quarters No.X/588. (K.T.SANKARAN) Judge ahz/