Allowed

C.K.Sudarsan v. the Kerala State Housing Board

Kerala HC19 Sept 2012WP(C)/28941/2005

Case brief

AI extract

What is this about?

A single judge bench of the Kerala High Court directed the State Housing Board to re-compute amounts payable by allottees for deemed sale flats, including interest as per the Supreme Court judgment in Civil Appeal Nos. 7835-7837 of 2011. The revised demand must be issued within one month.

What did the court decide?

Impugned demands set aside; matter remanded to Board for re-computation of amount including interest at 8% per annum; petition disposed of.

C.K.Sudarsan Vs the Kerala State Housing Board — Property and Title | Kerala HC (2012)

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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 B.P.RAY

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WEDNESDAY, THE 19TH DAY OF SEPTEMBER 2012/28TH BHADRA 1934

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WP(C).No. 28941 of 2005 (U)

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PETITIONER(S):

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1. C.K. SUDARSAN, AGED 51, S/O. LATE C P K IYER, FLAT NO.AF2/64, BLOCK NO.6 VASANTH NAGAR, KOCHI-682 025.

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2. MRS. ROSYLENE PETER, AGED 46, D/O. LATE T.O. PETER, 28/1540A, NETHAJI NAGAR KADAVANTHRA, KOCHI-682 020.

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*3. K.C. VARGHESE, AGED 49, S/O. VEERATH CHACKO, 28/1540A, NETHAJI NAGAR KADAVANTHRA, KOCHI-682 020.

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DELETED FROM PARTY ARRAY AS PER ORDER DATED 29.9.2009 IN I.A.NO.11643/2009.

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4. KOMALAM V. NAIR, AGED 51, VYSAKH, LAL SALAM ROAD, VYTTILA P.O. KOCHI-682 019.

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5. T.S. GOPALA KRISHNAN, AGED 59, S/O. LATE K.S.S. IYER, NEW NO.56, V.M. STREET MIRSAHI PET, ROYAPETTAH, CHENNAI-600 014.

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6. FRANCIS VERHOUVEN, AGED 67, S/O. LATE NICHOLAS CAJETAN VERHOUVEN FLAT NO.AF2/47, BLOCK NO.6, VASANTH NAGAR KOCHI-682 025.

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7. V.A. MATHAPPAN, AGED 53, S/O. V.M. ANTHONEY, FLAT NO.AF2/46, BLOCK NO.4 VASANTH NAGAR, PALARIVATTOM, KOCHI-682 025.

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*8. M K G KURUP, S/O. LATE N. KUNJAN KURUP AGED 86, EASWARY NIVAS, KANATTUKARA THRISSUR-680 011.

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THE 8TH PETITIONER DIED VIDE ORDER DATED 29.6.2012 IN I.A.NO.8608/12.

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WP(C).No. 28941 of 2005

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9. P. SATHEESH, S/O. DAMODARAN NAMBEESAN, AGED 49, C S L QUARTER NO.55, OLD THEVARA ROAD M.G. ROAD P.O., KOCHI.

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10. MRS. SARASWATHY SREEKUMAR, AGED 57, W/O. SREEKUMAR, `ARADHANA' LAL SALAM ROAD, PONNURUNNY, KOCHI-682 019.

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11. K. RAJEEV, S/O. K.R. PARAMESWARAN, AGED 34, ROHINI, B T S BYLANE 1, EDAPPALLY P.O., KOCHI.

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BY ADVS.SRI.P.JACOB VARGHESE (SR.)

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SRI.VIVEK VARGHESE P.J.

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RESPONDENT(S):

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1. THE KERALA STATE HOUSING BOARD, REP. BY SECRETARY, K.S.H.B. COMPLEX, PANAMPILLY NAGAR, KOCHI.

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2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.

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R1 BY ADVS. SRI.A.JAYASANKAR, SC KSHB, TVM

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SRI.GEORGE BOBAN, SC, K.S.H.B.

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R2 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28941 of 2005

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1:	COPY OF ALLOTMENT LETTERS ISSUED TO THE 1ST PETITIONER DATED 29.9.1992.
EXT.P1(a):	COPY OF ALLOTMENT LETTERS ISSUED TO THE 2ND PETITIONER DATED 20.8.1988.
EXT.P1(b):	COPY OF ALLOTMENT LETTERS ISSUED BY THE 1ST RESPONDENT DATED 15.7.1993 TO K.N.VIMALAKUMAR SARMA.
EXT.P2:	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE K.S.H.B. DATED 23.12.1992.
EXT.P2(a):	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN THE 4TH PETITIONER AND THE K.S.H.B. DATED 18.6.1992.
EXT.P2(b):	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN THE 5TH PETITIONER AND THE K.S.H.B. DATED 14.5.1993.
EXT.P2(c):	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN THE 7TH PETITIONER AND THE K.S.H.B. DATED 15.10.1996.
EXT.P2(d):	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN THE 8TH PETITIONER AND THE K.S.H.B. DATED 30.9.1992.
EXT.P2(e):	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN THE 9TH PETITIONER AND THE K.S.H.B. DATED 2.6.1992.
EXT.P2(f):	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN THE 10TH PETITIONER AND THE K.S.H.B. DATED 27.8.1992.
EXT.P2(g):	COPY OF AGREEMENT FOR SALE AND TRANSFER AGREEMENTS ENTERED INTO BETWEEN K.N.VIMALAKUMAR SARMA AND THE K.S.H.B. DATED 20.9.1993.
EXT.P3:	COPY OF AGREEMENT FOR SALE BY WHICH THE 3RD PETITIONER GOT RIGHT OVER THE FLATS FROM THE ORIGINAL ALLOTEES DATED 16.11.1999.
EXT.P3(a):	COPY OF AGREEMENT FOR SALE BY WHICH THE 6TH PETITIONER GOT RIGHT OVER THE FLATS FROM THE ORIGINAL ALLOTEES DATED 2.7.1998.

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WP(C).No. 28941 of 2005

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EXT.P4:	COPY OF LETTER DATED 18.6.2001 BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.
EXT.P5:	COPY OF DEMAND LETTER ISSUED TO THE 4TH PETITIONER BY THE 1ST RESPONDENT DATED 26.3.2004.
EXT.P5(a):	COPY OF DEMAND LETTER ISSUED TO THE 5TH PETITIONER BY THE 1ST RESPONDENT DATED 12.3.2004.
EXT.P5(b):	COPY OF DEMAND LETTER ISSUED TO THE 6TH PETITIONER BY THE 1ST RESPONDENT DATED 12.3.2004.
EXT.P5(c):	COPY OF DEMAND LETTER ISSUED TO THE 7TH PETITIONER BY THE 1ST RESPONDENT DATED 12.3.2004.
EXT.P5(d):	COPY OF DEMAND LETTER ISSUED TO THE 8TH PETITIONER BY THE 1ST RESPONDENT DATED 12.3.2004.
EXT.P5(e):	COPY OF DEMAND LETTER ISSUED TO THE 9TH PETITIONER BY THE 1ST RESPONDENT DATED 12.3.2004.
EXT.P5(f):	COPY OF DEMAND LETTER ISSUED TO THE 11TH PETITIONER BY THE 1ST RESPONDENT DATED 12.3.2004.
EXT.P6:	COPY OF WRITTEN REQUEST BY 1ST PETITIONER TO THE KSHB DATED 15.5.04.
EXT.P6(a):	COPY OF WRITTEN REQUEST BY 4TH PETITIONER TO THE KSHB DATED 21.4.04.
EXT.P6(b):	COPY OF WRITTEN REQUEST BY 11TH PETITIONER TO THE KSHB DATED 23.5.04.
EXT.P7:	COPY OF REPLY DATED 29.4.2004 BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.
EXT.P8:	COPY OF JUDGMENT IN WP(C). 20765/2000 OF THIS HON'BLE COURT.
EXT.P9:	COPY OF JUDGMENT IN W.A.NO. 1517/2004 OF THIS HON'BLE COURT.
EXT.P10:	COPY OF JUDGMENT IN WP(C). 11083/2003 OF THIS HON'BLE COURT.
EXT.P11:	COPY OF THE LETTER DATED 13.8.2009 BY THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS:

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EXT.R1(a):	COPY OF LETTER DATED 25.7.2001.
EXT.R1(b):	COPY OF FINAL STATEMENT OF ACCOUNTS IN RESPECT OF FLAT NO.AF2-64 IN KALOOR HAS.
EXT.R1(c):	COPY OF FINAL STATEMENT OF ACCOUNTS IN RESPECT OF FLAT NO.AF2-70 IN KALOOR HAS.

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WP(C).No.	28941 of 2005	-5-
EXT.R1(d)	: COPY OF FINAL NO.AF2-74 IN	STATEMENT OF KALOOR HAS.	ACCOUNTS	IN RESPECT OF FLAT
EXT.R1(e)	: COPY OF FINAL NO.AF2-66 IN	STATEMENT OF KALOOR HAS.	ACCOUNTS	IN RESPECT OF FLAT
EXT.R1(f)	: COPY OF FINAL NO.AF2-48 IN	STATEMENT OF KALOOR HAS.	ACCOUNTS	IN RESPECT OF FLAT
EXT.R1(g)	: COPY OF FINAL NO.AF2-61 IN	STATEMENT OF KALOOR HAS.	ACCOUNTS	IN RESPECT OF FLAT
EXT.R1(h)	: COPY OF FINAL NO.AF2-62(V)	STATEMENT OF IN KALOOR HAS	ACCOUNTS .	IN RESPECT OF FLAT
EXT.R1(i)	: COPY OF FINAL NO.AF2-25(V)	STATEMENT OF IN KALOOR HAS	ACCOUNTS .	IN RESPECT OF FLAT
EXT.R1(j)	: COPY OF FINAL NO.AF2-60 IN	STATEMENT OF KALOOR HAS.	ACCOUNTS	IN RESPECT OF FLAT
EXT.R1(k)	: COPY OF FINAL NO.AF2-72 IN	STATEMENT OF KALOOR HAS.	ACCOUNTS	IN RESPECT OF FLAT
EXT.R1(l)	: COPY OF FINAL NO.AF2-46 BLO	STATEMENT OF CK NO.4 SECON	ACCOUNTS D FLOOR.	IN RESPECT OF FLAT

/TRUE COPY/

P.A. TO JUDGE

VPV

B.P. RAY, J.

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W.P.(C) No. 28941 of 2005

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Dated this the 19^th day of September, 2012.

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JUDGMENT

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Heard the learned counsel for the petitioners and the learned Standing Counsel for the Kerala State Housing Board. The learned counsel for the petitioners submits that the issue involved in this case is covered by the judgment of the Apex Court in Civil Appeal Nos. 7835, 7836, 7837 of 2011. Paragraph 10 of the said judgment reads as follows:

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“We accordingly set aside the order passed by the learned Single Judge and the impugned judgment and orders of the Division Bench of the High Court and dispose of the writ petitions of the respondents with the direction that the respondents will be liable to pay interest to the appellant-Board on the differential amount between the tentative price and the final price at the rate of 8% per annum from the date of deposit or payment of the enhanced compensation by the Board in 1997 till payment of the differential amounts by the allottees. The appeals are allowed to the extent indicated above with no order as to costs.”

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Following the aforesaid decision, I set aside the

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impugned demands and remit the matter to the 1^st respondent for re-computing the amount as directed by the Apex Court. The revised demand by calculating the interest on the principal amount shall be issued within one month from the date of receipt

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W.P.(C) No. 28941/2005

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-:Page numbers:-

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of a copy of this judgment and the petitioners shall pay the same within two months from the date of receipt of the revised demand.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 28941/2005 -:Page numbers:-

C.K.Sudarsan v. the Kerala State Housing Board

Case brief

What is this about?

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C.K.Sudarsan v. the Kerala State Housing Board

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