Remanded

Kerala Electrical & Allied Eng. Co. Ltd. v. the Executive Engineer, K.S.H.B. & Ors.

Kerala HC20 Mar 2009WP(C)/4805/2009

Case brief

AI extract

What is this about?

This single-day order set aside appellate orders (Ext. P3 and P4) for failing to properly appreciate contentions as required by quasi-judicial authority under the Kerala Housing Board Act, remanding for reconsideration.

What did the court decide?

Set aside Ext.P3 and P4; 3rd respondent shall reconsider Ext.P1 appeal with notice to all parties.

Kerala Electrical & Allied Eng. Co. Ltd. Vs the Executive… — Landlord and Tenant | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930

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WP(C).No. 4805 of 2009(V)

PETITIONER(S):

KERALA ELECTRICAL & ALLIED ENGINEERING COMPANY LIMITED, 7TH FLOOR, K.S.H.B OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-36, REPRESENTED BY ITS MANAGER (P&A), T. PADMAM.

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BY ADV. SRI.S.VINOD BHAT SRI.M.K.THANKAPPAN

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RESPONDENT(S):

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THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, ERNAKULAM, KOCHI-36.

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KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN.

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STATE OF KERALA, HOUSING (A) DEPARTMENT, THIRUVANANTHAPURAM REPRESENTECD BY ITS SECRETARY.

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BY GOVT. PLEADER SRI. P.. SANTHOSH

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R2 AND R3 BY ADV. SRI. A JAYASANKER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC,J.

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W.P.(C).No.4805 OF 2009

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Dated this the 20^th day of March, 2009.

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JUDGMENT

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Petitioner is a Government Company and also a tenant under the 2^nd respondent. The dispute between the petitioner and their land lord, the 2^nd respondent is regarding the quantum of rent that is payable. Against the order passed by the competent authority of the 2^nd respondent, invoking the appellate remedy that is available to the petitioner under Section 85 of the Kerala Housing Board Act, 1971 petitioner filed Ext.P1 appeal before the 3^rd respondent. In the appeal, Ext.P3 order was issued by the 3^rd respondent conveying the decision taken by the 2^nd respondent on the claim of the petitioner. Thereafter the first respondent demanded payment of the amount due as per Ext.P4. It was at that stage, the writ petition was filed seeking to quash Exts.P3 and P4 and for a direction to

WP(c).No.4805/09

dispose the appeal.

The case was adjourned with a direction to the Government Pleader to obtain instruction as to whether Ext.P1 appeal filed by the petitioner before the 3^rd respondent is still pending. Today, Government Pleader confirms that Ext.P3 is the order that was passed disposing of the appeal and that no further order has been passed.

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On hearing the counsel on either side and on reading of Ext.P3 order referred to above, I am satisfied that there has not been a proper consideration of the appeal as required to be done by a quasi judicial authority exercising statutory powers. Ext.P3 order shows that none of the contentions raised by the petitioner in Ext.P1 appeal have been considered by the appellate authority. On the other hand the appellate authority has only intimated the petitioner the response of the board on the claim raised before it. This is not a proper exercise of power. Being an appellate authority, it is for the 3^rd respondent to appreciate the respective contentions raised

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WP(c).No.4805/09

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and render its decision, which has not been done.

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Accordingly, Exts.P3 and P4 deserves to be set aside and I do so. The 3^rd respondent shall reconsider Ext.P1 appeal filed by the petitioner with notice to the petitioner and respondents

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1 and 2 and pass orders thereon. This shall be done as expeditiously as possible.

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(ANTONY DOMINIC) JUDGE

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vi/

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WP(c).No.4805/09 4

Kerala Electrical & Allied Eng. Co. Ltd. v. the Executive Engineer, K.S.H.B. & Ors.

Case brief

What is this about?

What did the court decide?

Kerala Electrical & Allied Eng. Co. Ltd. v. the Executive Engineer, K.S.H.B. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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