P.M.John vs Kerala State Housing Board
2022 Latest Caselaw 8870 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO. 220 OF 2013
PETITIONER/S:

            P.M.JOHN
            AGED 61 YEARS
            HOUSING COMMISSIONER & EX-OFFICIO SECRETARY (RETD),
            KERALA STATE HOUSING BOARD, D-6, PILLA VEEDU NAGAR,
            KESAVADASAPURAM, THIRUVANANTHAPURAM.
            BY ADV JAMES KURIAN


RESPONDENTS:

    1       KERALA STATE HOUSING BOARD
            REPRESENTED BY ITS SECRETARY, SHANTHI NAGAR,
            THIRUVANANTHAPURAM 695 001.
    2       STATE OF KERALA
            REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM. 695 001.
    3       SECRETARY
            HOUSING (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.
            BY ADVS.
            SHRI.K.DENNY DEVASSY, SC, K.S.H.B.
            MANOJ RAMASWAMY
            T.K.SAJEEV
            BY GOVERNMENT PLEADER SRI. K.M.FAISAL



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.220 of 2013
                                      2




                              JUDGMENT

This writ petition is filed for the following reliefs:

(i) To call for the records leading to Exhibit P-6 by a writ of certiorari and quash Exhibit P-5 order of the 1 st respondent asking the petitioner to repay an amount of Rs.72650/- received by the petitioner as night out allowance by issuing a writ of certiorari.

(ii) To issue such other reliefs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(iii) To allow cost of the petition to the petitioner.

2. The learned Government Pleader has filed a

memo producing letter No. 3929/A1/11/housing dated

14.02.2013 by which the Government have directed

the Secretary to Kerala State Housing Board not to

recover the night out allowance paid to the petitioner.

In the light of the said Government letter dated W.P.(C) No.220 of 2013

14.2.2013, there cannot be any apprehension for the

petitioner that the amount of Rs.72,650/- received by

the petitioner as night out allowance will be recovered

from him.

Accordingly, the writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN, JUDGE

al/-

W.P.(C) No.220 of 2013

APPENDIX OF W.P.C 220OF 2013.

EXT.P1 -TRUE COPY OF THE BOARD'S DECISION DATED 20.06.2003.

EXT.P2- TRUE COPY OF THE BOARD'S DECISION DATED 18.12.2003.

EXT.P3- TRUE COPY OF THE MINUTES OF THE BOARD MEETING DATED 18.12.2003.

EXT.P4- TRUE COPY OF THE REPRESENTATION BEFORE THE GOVERNMENT.

EXT.P5- TRUE COPY OF THE LETTER DATED 30.10.12 OF THE BOARD.

EXT.P6- TRUE COPY OF THE LETTER DATED 19.09.12 RECEIVED FROM THE 2ND RESPONDENT.