IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 3969 of 2009(V) -------------------------------------- PETITIONER(S): ----------------------- RAJAGOPAL, SHEDULED TRIBE DEVELOPMENT DEPARTMENT, QUARTERS NO.30/327 POOJAPPURA, THIRUVANANTHAPURAM BY ADV.MR.SAIGI JACOB PALATTY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY PWD SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, SCHEDULED TRIBE DEVELOPMENT OFFICE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, THIRUVANANTHAPURAM 4. THE VILLAGE OFFICER, THYCAUD. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3969/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER ALLOTTING QUARTERS. P2:- COPY OF THE ORDER TERMINATING THE PETITIONER FROM SERVICE BY THE 2ND RESPONDENT. P3:- COPY OF THE MEDICAL CERTIFICATE. P4:- COPY OF THE MEDICAL REPORT. P5:- COPY OF THE APPEAL SUBMITTED TO THE GOVERNMENT AGAINST THE TERMINATION. P6:- COPY OF THE ORDER OF EVICTION ISSUED BY THE 4TH RESPONDENT. P7:- COPY OF THE REPRESENTATION SUBMITTED TO THE DISTRICT COLLECTOR. TRUE COPY P.S. TO JUDGE TSS P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 3969 of 2009 - V =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 12th day of June, 2009 JUDGMENT Heard Sri.Saigi Jacob Palatty, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner was allotted Government quarters at Poojapura, Thiruvananthapuram, while he was a Government servant. For unauthorized absence, disciplinary action was taken against him and by Ext.P2 order dated 5-11-2003 he was dismissed from service with effect from 7-10-2002. The petitioner did not challenge Ext.P2 order. He, however, continued to occupy the quarters. The District Collector, thereupon directed the Village Officer, Thycaud Village to evict the petitioner from the quarters. That direction was communicated to the petitioner by the Village Officer by Ext.P6 letter dated 28-2-2009. Ext.P6 is under challenge in this writ petition. 3. The petitioner submits that challenging Ext.P2 order of dismissal from service he has filed Ext.P5 representation dated 28-1-2009 before the Honourable Minister for Scheduled Castes and Scheduled Tribes W.P.(C) No. 3969/09 2 Development Department and till the Government pass orders on the said representation, he may be permitted to continue to occupy the quarters. 4. The pleadings disclose that the petitioner’s service was terminated on 5-11-2003 for unauthorized absence. Though Ext.P5 representation is dated 28-1-2009, the date on which it was submitted to the Honourable Minister is not stated in the writ petition. From the conduct of the petitioner it is evident that it was only after he received Ext.P6 that he submitted Ext.P5 representation before the Honourable Minister. In my opinion, the petitioner who ceased to be a Government servant with effect from 7-10-2002 has no right to continue to occupy the quarters. The petitioner is therefore bound to vacate the quarters. However, taking note of the fact that the petitioner is a cardiac patient and has school going children, I grant the petitioner time till 30-6-2009 to vacate the quarters occupied by him,. Subject to the above observation, the writ petition is dismissed. P.N.RAVINDRAN, JUDGE. mn.