The Kerala State Housing Board vs Akash Ravi
2021 Latest Caselaw 17552 Ker

W.A.No.1640 of 2016             1

      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                &
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                       WA NO. 1640 OF 2016
 AGAINST THE ORDER/JUDGMENT IN WPC 35574/2015 OF HIGH COURT
                      OF KERALA, ERNAKULAM
APPELLANT/PETITIONER IN THE WRIT PETITITION:

            THE KERALA STATE HOUSING BOARD
            REPRESENTED BY ITS SECRETARY,OFFICE OF THE KERALA
            STATE HOUSING BOARD,THIRUVANANTHAPURAM-695 001.
            BY ADVS.
            SRI.K.NARAYANAN (PARUR)
            SRI.DENNY DEVASSY


RESPONDENTS/RESPONDENTS 1 & 2 IN THE WRIT PETITION:

     1   AKASH RAVI
         SECRETARY, PANDIT'S COLONY HOUSING
         SCHEME,ALLOTTEES ASSOCIATION (SITE B),
         KOWDIAR,THIRUVANANTHAPURAM 695 003, RESIDING AT
         'RAMDEV',KURAVANKONAM,
         KOWDIAR,THIRUVANANTHAPURAM-695 001.
    2    KERALA LOK AYUKTA
         THIRUVANANTHAPURAM DISTRICT - 691 001,REPRESENTED
         BY REGISTRAR.
 ADDL.R3 SPECIAL TAHSILDAR
         LAND ACQUISITION (GENERAL), CIVIL STATION,
         KUDAPPANAKKUNNU, TRIVANDRUM-695043.
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         7.9.16 IN I.A.NO.1121/16
 W.A. No.1640 of 2016                 :2:


 ADDL.R4 LISAMMA LUKOSE
         THEKKUMURY, T.C.4/1872/2, PANDIT'S COLONY,
         KOWDIAR, THIRUVANANTHAPURAM.
         ADDL.R4 IS IMPLEADED AS PER ORDER DATED 3.2.17 IN
         I.A.NIO.111.17
         BY ADVS.
         SMT.RENU. D.P., STANDING COUNSEL FOR R2
         SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER FOR R3
         SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 & R4




      THIS    WRIT     APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
26.08.2021,     THE     COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W.A. No.1640 of 2016                   :3:




                                   JUDGMENT

Dated this the 26th day of August, 2021

S. MANIKUMAR,CJ.

Being aggrieved by the judgment in W.P.(C) No.35574 of 2015

dated 11.7.2016, instant appeal is filed, by which, the writ court after

considering the pleadings and submissions ordered thus:

"3. Though many grounds have been raised in the writ petition, when

the matter was taken up for hearing, the only ground urged by the

learned counsel for the petitioner is that the amounts collected towards

additional land value from the allottees have already been paid to the

Land Acquisition Officer and the Land Acquisition Officer, in turn, has

deposited the same in court as the owners of the property were

pursuing the execution of the awards obtained by them in Land

Acquisition Reference cases. According the learned counsel for the

petitioner, it was later, the land value has been determined finally by

this Court and though steps have been taken to get refund of the

excess amount deposited in court, the Land Acquisition Officer is yet to

get refund of the excess amount deposited in court. According to the

learned counsel, the amounts due to the allottees will be refunded as

and when the amounts are received from the court.

4. It is seen that the excess land value directed to be paid by the

Housing Board has been paid by the allottess to the Housing Board

during 2008. Ext.P1 judgment was rendered by this Court on

10.9.2013. The stand of the Housing Board that they are unable to get

back the excess amount despite the lapse of about 3 years cannot be

accepted. It is evident that there is no earnest efforts to get back the

amounts. The allottees who have parted with their money in the year

2008 cannot be asked to wait indefinitely. Further, the contention now

raised in the writ petition is not seen raised before the Lok Atukta. In

the said circumstances, I do not find any merit in the writ petition and

the same is, accordingly, dismissed. "

2. Though Kerala State Housing Board represented by its

Secretary has filed the instant appeal in the year 2016 seeking for

reversal of the impugned judgment, on this day when the matter came

up for hearing, Mr.K.Narayanan, learned counsel appearing for the

appellant, sought for adjournment. However, Mr.V.S.Sudheer

(Pirappancode), learned counsel for respondents 1 and 4 submitted that

acting on the judgment in W.P.(C) No.35574 of 2015 dated 11.7.2016,

the entire amount due and payable to the respondents has been

paid and that nothing remains in the writ petition for further

adjudication.

3. The submission of the learned counsel for respondents 1 and 4

Mr.V.S.Sudheer (Pirappancode), is placed on record.

4. As much as the entire amount due to the respondents has

already been paid, nothing remains for further adjudication and that

there is no need for reversal of the impugned judgment. Though

Mr.K.Narayanan, learned counsel appearing for appellant, submitted

that there are some adverse observations in the impugned judgment,

on perusal of the judgment, we find there are no adverse observations

made by the writ court.

In the light of the above, the writ appeal is dismissed.

Sd/-

S. MANIKUMAR,

CHIEF JUSTICE.

Sd/-

                                                    SHAJI P. CHALY,
smv                                                    JUDGE.