P.Sivadasan vs The District Collector
2021 Latest Caselaw 14069 Ker

WP(C) NO. 13427 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                          WP(C) NO. 13427 OF 2021
PETITIONER:

              P.SIVADASAN
              AGED 46 YEARS
              S/O. PURUSHOTHAMAN, E2, GOVERNMENT OFFICERS QUARTERS,
              THEVALLY, KOLLAM 691 009

              BY ADVS.
              G.BHAGAVAT SINGH
              KELU BHAGAVAT


RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              KOLLAM, OFFICE OF THE DISTRICT COLLECTOR,
              CIVIL STATION, KOLLAM 691 014

     2        SMT. NASEEM,
              EXECUTIVE ENGINEER, P.W.D (BUILDINGS) RESIDING AT C15,
              GOVERNMENT OFFICERS QUARTERS, THEVALLY, KOLLAM 691 009

              SRI. BIJOY CHANDRAN- SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13427 OF 2021

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                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(a) direct 1st respondent to complete the procedures as directed in Ext.P3 by evicting the 2nd respondent from the quarter No.C15 and ensure the earliest allotment to petitioner as directed in Ext.P3 government order;

(b) declare that the occupation by the 2 nd respondent after one month after handed over the charge of Executive Engineer (Buildings), Kollam is illegal and she is liable to pay rent at the rate of thrice of the normal rent;

(c) direct the 1st respondent to realize the penal rent as stipulated in the Rule and also intimate the appointing authority to take disciplinary proceedings against the 2nd respondent"

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is contended by the learned counsel for the petitioner that the

petitioner had been allotted a better quarters by Ext.P3 order of the

Government. However, it is stated that since the 2 nd respondent has not

vacated the said quarters, the quarters is not allotted to the petitioner.

Pointing out these aspects, the petitioner has approached the 1 st

respondent with Ext.P4 representation.

4. I am of the opinion that it is for the 1 st respondent to take a decision

on Ext.P4 representation, with notice to the petitioner as well as the 2nd WP(C) NO. 13427 OF 2021

respondent. Orders shall be passed by the 1st respondent after hearing

both parties, through any appropriate means, including video

conferencing, within a period of six weeks from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 13427 OF 2021

APPENDIX OF WP(C) 13427/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 COPY OF THE PROMOTION PROCEEDINGS DATED 22-02-

2021 OF THIS HON'BLE COURT.

Exhibit P2 COPY OF THE REPRESENTATION DATED 21-12-2020 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER

Exhibit P3 COPY OF THE ORDER DATED 19-05-2021 OF THE GOVERNMENT ALLOTTING C15 QUARTER TO THE PETITIONER.

Exhibit P4 COPY OF THE REPRESENTATION DATED 21-05-2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P5 COPY OF THE APPLICATION DATED 10-06-2021 FILED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER UNDER RTI

RESPONDENT'S/S EXHIBITS: NIL