IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 22120 of 2006(G) -------------------------------------- PETITIONER: ----------------- K.GOPINATH, AGED 48 YEARS, S/O.LATE C.KRISHNAN, RESIDING AT OASIS NO.2, RAJAGIRI ROAD, KALAMASSERY. BY ADV. SRI.C.S.MANU SRI.ANOOP JOSEPH RESPONDENTS: ----------------------- 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. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 22120/2006-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 23/11/2005 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN W.P.(C). NO. 10424 OF 2005. EXT.P2: COPY OF THE DRAFT TRANSFER AGREEMENT FORWARDED BY THE RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE DRAFT CONDITIONAL SALE DEED FORWARDED BY THE RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.22120 of 2006 ---------------------------------------------- Dated 29th September, 2008. J U D G M E N T The prayer is for a direction to the first respondent to execute a sale deed in favour of the petitioner, in respect of the plot with building No.E9-142 at Edappally, fixing Rs.12,90,737/- as the final price. Learned Standing Counsel for the respondents submits that in the case of similarly situated persons, this court has already issued a direction to effect condition sale, incorporating the required conditions for recouping the subsequent liability by way of enhancement in the land value under the Land Acquisition Act, and also creating a charge on the property. A similar procedure shall be adopted in the case of the petitioner also, in case he is willing for the same, within one month from the date of production of a copy of the judgment by the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.22120 of 2006 ---------------------------------------------- J U D G M E N T Dated 29th September, 2008.