IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29192 of 2011(Y) ---------------------------------------- PETITIONER(S): -------------------------- GEORGE VARGHESE, AGED 49 YEARS, S/O.K.M.GEORGE, PUSHPAMANGALATH HOUSE, EDAKKAD P.O., KADAMPANAD, ADOOR, PATHANAMTHITTA. BY ADV. SRI.V.L.SHENOY SRI.JAYAWANTH.L. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, SECRETARY TO GOVERNMENT (HOUSING), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN- 695001 2. KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDING, SHANTHI NAGAR, STATUE JUNCTION, THIRUVANANTHAPURAM.PIN- 695 001 REPRESENTED BY ITS CHAIRMAN. 3. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, PATHANAMTHITTA DIVISION, THIRUVALLA, (COMPETENT AUTHORITY UNDER THE ACT), PIN - 689 101. R1 BY SR GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29192/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE NO.GF-28/RTA DATED 19/8/2011 ISSUED BY 3RD RESPONDENT. P2 COPY OF THE REPLY OF THE PETITIONER DATED 26/9/2011 ISSUED BY THE 1ST RESPONDENT. P3 COPY OF THE LETTER NO.G28/GF/RTA DATED 1/10/2011 ISSUED BY 3RD RESPONDENT. P4 COPY OF THE ORDER NO.28/GF/RTA DATED 28/8/2011 ISSUED BY THE 3RD RESPONDENT. P5 COPY OF THE APPEAL DATED 27/10/2011 FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29192 of 2011 Y ``````````````````````````````````````````````````````````` Dated this the 3rd day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the occupant of room Nos.28 and 30 of the Revenue Tower, Adoor. By Ext.P4 notice issued by the third respondent, petitioner is sought to be evicted from room No.28 on the allegation that he has not remitted the arrears with interest. Aggrieved by this order, he has filed Ext.P5 appeal under Section 87 of the Kerala State Housing Board Act, 1971. Although the appeal is seen addressed to the Secretary to the respondent Board, counsel for the petitioner asserts that the said appeal is filed before the first respondent on 27.10.2011 and that the same has been assigned file No.13618/2011. His grievance is that, despite the pendency of the said appeal, he is sought to be evicted. It is complaining of the above, this writ petition is filed. 2. Admittedly, if a person is aggrieved by orders in W.P.(C) No.29192/2011 : 2 : the nature of Ext.P4, he has an appellate remedy under Section 87 of the said Act before the first respondent and according to the petitioner, he has already invoked the said remedy. At this stage, in my view, it is premature to file a writ petition. 3. Therefore, I dispose of this writ petition with the following directions:- That if Ext.P5 appeal has been received and the same has been assigned file No. 13618/2011, the first respondent shall dispose of the same with notice to the petitioner, as expeditiously as possible and at any rate, within two months from the date of production of a copy of this judgment. Meantime, further proceedings pursuant to Ext.P4 shall be kept in abeyance by the third respondent, provided the petitioner remits an amount of `60,000/-(Rupees sixty thousand only) in two equal instalments, the first of which shall be paid on or before 15.11.2011 and the balance shall be paid on or before 15.12.2011. W.P.(C) No.29192/2011 : 3 : Petitioner shall produce a copy of this judgment and a copy of the writ petition before respondents 1 and 3 for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/03/11 // True Copy // P.A. To Judge