IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 20707 of 2003(M) ------------------------------------- PETITIONER: ------------------ T.G. KAMALNATH SHENOY, PARTNER, SREE VENKETESWARA AGENCIES, T.D. EAST, SANNIDHI ROAD, ERNAKULAM. BY ADV. SRI.S.R.DAYANANDA PRABHU SRI.K.S.RAJESH RESPONDENTS: ---------------------- 1. THE KERALA STATE HOUSING BOARD, REP. BY ITS SECRETARY, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. THE COMPETENT AUTHORITY, OFFICE OF THE COMPETENT AUTHORITY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.T.R.HARIKUMAR, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA NO. 7607/2003 IN WPC NO. 20707/2003 M. DISMISSED 18/01/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER NO. E5/VENKATESWARA AGENCIES/RENT DT. 29/4/99 BY THE REGIONAL ENGINEER OF THE R1 TO THE PETITIONER. EXT.P2. COPY OF THE ORDER NO. E5/VENKATESWARA AGENCIES/RENT DT. 14/11/2000, BY THE REGIONAL ENGINEER OF THE R1. EXT.P3. COPY OF THE ORDER NO. E5/RENT/VENK. AGENCIES DT. 26/2/03 UDER SEC. 86 (2) OF THE ACT, ISSUED BY THE R2 TO THE PETITIONER. EXT.P4. COPY OF THE EXPLANATION LETTER SENT BY THE PETITIONER BY REGD. A/D DT. 19/3/03 THROUGH HIS COUNSEL, K.G. MOHANDAS PAI, ADVOCATE, THIRUVANANTHAPURAM, TO THE R2. EXT.P5. COPY OF THE POSTAL ACKNOWLEDGEMENT DT. 20/3/03 SIGNED BY THE R2. EXT.P6. COPY OF THE FINAL ORDER UNDER SEC. 86(2) OF THE ACT NO. E5/RENT/VENK. AGENCIES DT. 2/06/2003 BY THE E2. RESPONDENT'S EXHIBITS NIL. True copy tga KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 20707 OF 2003 --------------------------------------- Dated this the 18th day of January, 2008. J U D G M E N T This writ petition is filed with the following prayers: a) Call for the records leading to the impugned orders, Ext.P3 and Ext. P6 and quash the impugned orders Ext.P3 and Ext. P6 by issuance of a writ of certiorari or any other appropriate writ or order. b) Issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to reconsider the matter afresh in the light of Ext.P4 objection after affording a reasonable opportunity of being heard to the petitioner, and c) Issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to settle the account by adjusting Rs.38,145/- from security deposit of Rs.52,416/- and return the balance amount to the petitioner forthwith. Despite the interim order dated 01.07.2003, there is no counter affidavit. In the above circumstances, this writ petition is disposed of directing the second respondent to reconsider the matter with notice to the petitioner and pass fresh orders in accordance with law, adverting to the contentions taken by the petitioner in Exhibit P4. This shall be done within a period of four W.P.(C) 20707/03 2 months from the date of production of a copy of this judgment along with a copy of the writ petition. In order to enable the second respondent to pass orders as above, Exhibit P6 is quashed. KURIAN JOSEPH, JUDGE. smp W.P.(C) 20707/03 3 KURIAN JOSEPH, J. W.P.(C) No. 20707 OF 2003 J U D G M E N T 18.01.2008