Kerala High Court
K.K.Kanakamma vs Kerala State Housing Board on 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.17049 OF 2020(E)
PETITIONERS:
1 K.K.KANAKAMMA
AGED 63 YEARS
ACCOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT KANAKA
NIVAS,CHARAMANGALAM,MUHAMMA.P.O,
ALAPPUZHA-688525.
2 T.R.ANIL KUMAR,
ACCOUNTS OFFICER(RETIRED),
KERALA STATE HOUSING BOARD,PRESENTLY RESIDING AT
THYPARAMBIL HOUSE,KALAPPURA,
ALAPPUZHA-688007.
3 UNNIKRISHNAN NAIR.P,
AGED 61 YEARS
S/O N.PARAMESWARAN PILLA, ASSISTANT
SECRETARY(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT MADATHIL,GANGOTHRY,
SOUTH OF PALAKKULAM,
KARUKAYIL WARD, AVALOOKKUNNU.P.O, ALAPPUZHA-688007.
4 GRACY.P.Y
ASSISTANT SECRETARY(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT SHILPA,D-12,
MYTHRI NAGAR, VALIYAVILA,THIRUMALA.P.O,
THIRUVANANTHAPURAM-695006.
5 MOHANKUMAR.L,
ASSISTANT SECRETARY(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT SREERAGAM,T.C.13/304,
EMS NAGAR,PATTOR,VANCHIYOOR.P.O,695035.
6 SUBHA.K.K,
KERALA STATE HOUSING BOARD,PRESENTLY RESIDING AT
PULICHUVATTIL,POONTHOPU,NEAR AIKYA
BHARATHAM,AVALOOKUNNU.P.O,ALAPPUZHA-688006.
7 S.VIJAYARAJ,
ASSISTANT SECRETARY(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT FF 17-105,T BLOCK,EMS
NAGAR,PATTOR,VANCHIYOOR.P.O,695035.
WP(C).No.17049 OF 2020 2
8 RADHAMONY.G,
ACCOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT MULAKKATHARAYIL,
KOTTAKKUPURAM,CLAPPANA.P.O,KOLLAM-690525.
9 JAYAGEETHA.P.R,
JUNIOR SUPERINTENDENT,(RETIRED),KERALA STATE
HOUSING BOARD,PRESENTLY RESIDING AT RAJEEVAM,
PURAVOOR,CHIRAYINKIL,THIRUVANANTHAPURAM-695304.
10 V.P.RAJAMMA,
ACCOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT SANTHI VILAS,
TC.9/1879, KOCHAR ROAD, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM - 695010
11 S.SUDHARMINI,
ACOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT K.P.R.A,B-22(A),PALUR
LANE,MURINJAPALAM,MEDICAL
COLLEGE.P.O,THIRUVANANTHAPURAM-695011.
12 S.JYOTHI,
ACCOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT T.C.35/1296,RENGAN
LANE,THITTAMANGALAM,VATTIYOORKAVU.P.O,
THIRUVANANTHAPURAM-695013.
13 E.PYARI,
ACCOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT
T.C.1/915(2),KUMARAPURAM,MEDICAL COLLEGE.P.O,
THIRUVANANTHAPURAM-695011.
14 N.VAMANAN NAMBOOTHIRI,
JUNIOR SUPERINTENDENT,(RETIRED),KERALA STATE
HOUSING BOARD,PRESENTLY RESIDING AT
KUNTHIRKULATHILLAM,KOTTARA,MEEYANNUR.P.O,
POOYAPPALLY,KOLLAM-691537.
15 M.SHYLAJA BEEVI,
ACCOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT VILAYIL VEEDU,
MUSLIM STREET,KOTTARAKKARA,KOLLAM DISTRICT-691566.
16 T.SIDDIK,
JUNIOR SUPERINTENDENT,(RETIRED),KERALA STATE
HOUSING BOARD,PRESENTLY RESIDING AT MADEENA
MAHAL,KOORARA.P.O, KANNUR-670694.
WP(C).No.17049 OF 2020 3
17 M.V.UNNIKRISHNAN,
JUNIOR SUPERINTENDENT,(RETIRED),KERALA STATE
HOUSING BOARD,PRESENTLY RESIDING AT HOUSE NO.D12-
12,CHIRAKKAL HOUSING COLONY ALAVIL,KANNUR,
PIN-670008.
18 P.RADHIKA,
ACCOUNTS OFFICER(RETIRED),KERALA STATE HOUSING
BOARD,PRESENTLY RESIDING AT SIVASAILAM,MATTOOR,
KALADY.P.O, ERNAKULAM-683574.
19 M.E.RAFEEK,
ACCOUNTS OFFICER(RETIRED),
KERALA STATE HOUSING BOARD,PRESENTLY RESIDING AT
MANALEL HOUSE,THALAYOLAPARAMBA.P.O,
KOTTAYAM DISTRICT-686605.
BY ADV. SRI.SERGI JOSEPH THOMAS
RESPONDENTS:
1 KERALA STATE HOUSING BOARD
KERALA STATE HOUSING BOARD,REPRESENTED BY ITS
SECRETARY,HEAD OFFICE,SANTHI NAGAR,
THIRUVANANTHAPURAM,PIN-695001.
2 THE SECRETARY,
KERALA STATE HOUSING BOARD,HEAD
OFFICE,SANTHINAGAR,THIRUVANANTHAPURAM,
PIN-695001.
BY ADV.
SRI. SUNIL KUMAR KURIAKOSE -GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17049 OF 2020 4
JUDGMENT
The petitioners have approached this
Court seeking that respondents be directed to
disburse the balance amount due to them
towards the amounts recovered at the time of
retirement, along with the pension
commutation arrears, arrears of gratuity and
arrears of pension along with interest @ 12%
per annum.
2. However, when this matter was called,
the learned Standing Counsel for the
respondents - Shri.Manoj Ramaswamy, submitted
that the claims of the petitioners have been
acceded to by the respondents in full and
that all their payments have already been
made. He, therefore, prayed that this writ
petition be closed.
3. Learned counsel for the petitioner,
Shri.Sergi Joseph Thomas, submitted that he
is not aware if his clients have received
their full benefits, but that this Court may,
therefore, order this writ petition in terms
of the afore assertions made on behalf of the
respondents. He, however, reiteratingly
claimed interest for the delay in payment by
the respondents.
4. When I consider the afore
submissions, it is indubitable that since the
respondents now say that all the claims of
the petitioners have been acceded to, nothing
remains in this writ petition as regards the
prayers for such purpose is concerned.
5. The only remaining question is
whether the petitioners are entitled to
interest. But I am afraid that it may not be
possible for this Court to consider this
issue without access to the relevant facts
and documents, particularly because the
respondents contend that there is no delay at
all. Since there is factual dispute between
the parties, it is now well established that
this Court cannot exercise writ jurisdiction
under Article 226 of the Constitution of
India, into such issues.
In the afore circumstances, recording the
submission of Shri.Manoj Ramaswamy that the
entire claims of the petitioners have already
been paid by the respondents, I close this
writ petition; however, leaving liberty to
the petitioners to invoke their appropriate
remedy, if they are so interested, with
respect to the claim for interest on the
alleged delay.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/22.1.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P(C)N0.4509
OF 2015 AND CONNECTED CASED OF THIS HON'BLE
COURT.
EXHIBIT P2 TRUE COPY OF THE HBO NO.342/ADL(B)1891/2015
DATED 24/01/2017 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS HBO
NO.264/AD(B)7277/2011 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS HBO
NO.242/AD(B)788/2013 DATED 26/12/2018 OF
THE RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS HBO
NO.249/ADL(A11202/2014 DATED 26/12/2018 OF
THE RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS HBO
NO.265/ADL(A)11204/2013 DATED 26/12/2018 OF
THE RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS HBO
NO.247/ADL(A)11205/2013 DATED 26/12/2018 OF
THE RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS HBO
NO.254/ADL(A)11207/20134DATED 26/12/2018 OF
THE RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS HBO
NO.238/AD(A)11206/2014 DATED 26/12/2018 OF
THE RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS HBO
NO.251/ADL(A)7164/2011 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS HBO
NO.257/ADL(A)7275/2011 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS HBO
NO.237/ADL(A)6388/2013 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS HBO
NO.252/AD(A)8351/2013 DATED 26/12/2018 OF
THE RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS HBO
NO.255/ADL(A)14641/2013 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE PROCEEDINGS HBO
NO.244/ADL(A)2666/2013 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS HBO
NO.253/ADL(A9116/2014 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE PROCEEDINGS HBO
NO.261/ADL(A)9834/2015 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE PROCEEDINGS HBO
NO.241/ADL(B)7242/2011 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE PROCEEDINGS HBO
NO.266/ADL(B)7245/2011 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE PROCEEDINGS HBO
NO.246/ADL(A)7165/2011 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE PROCEEDINGS HBO
NO.243/ADL(A)8918/2014 DATED 26/12/2018 OF
THE 2ND RESPONDENT.
EXHIBIT P22 TRUE COPY OF THE JUDGMENT DATED 23.03.2020
IN WP(C).NO.2903/2020
RESPONDENT'S/S EXHIBITS:
NIL
MC
(TRUE COPY) PA TO JUDGE
