Disposed

Sulochana Satheesh, v. Kerala State Housing Board Limited

Kerala HC26 Mar 2019WP(C)/3203/2019

Case brief

AI extract

What is this about?

Petitioner, a homebuyer, sought relief for non-release of an admitted dues amount despite pending acquisition proceedings. Court directed the Housing Board to finalize the due process, secure participation if needed, and release the funds within one month.

What did the court decide?

Directed the 1st Respondent to finalize the petitioner's representation within a month and release the admitted amount thereafter.

Sulochana Satheesh, Vs Kerala State Housing… — Civil Procedure and Limitation | Kerala HC (2019)

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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 SHAJI P.CHALY

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TUESDAY, THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941

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WP(C).No. 3203 of 2019

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PETITIONER/S:

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SULOCHANA SATHEESH, AGED 60 YEARS, W/O SATHEESH BABU, HOUSE NO. 63A, YUVATHARA GARDENS, KAVU ROAD, KOWDIYAR PO, THIRUVANANTHAPURAM - 695 311.

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BY ADVS. SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL SRI.N.KRISHNA PRASAD

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RESPONDENT/S:

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1 KERALA STATE HOUSING BOARD LIMITED REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THAMPANOOR P.O, THIRUVANANTHAPURAM 695 001.

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2 THE EXECUTIVE ENGINEER, DIVISION NO.2, KERALA STATE HOUSING BOARD, DO.DO.

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R1 & R2 BY ADV. SRI.MANOJ RAMASWAMY, SC, KERALA STATE HOUSING BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3203 of 2019 2

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JUDGMENT

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Petitioner is the purchaser of a residential apartment constructed by the 1^st respondent under the scheme captioned “Pandit Colony Housing Scheme” at Thiruvananthapuram. As the lands for the said scheme were acquired from private persons and that proceedings for acquisition were pending before various courts, the final amounts that were payable by the prospective purchasers including the petitioner could not be exactly determined. However, by Exts.P4 and P5, petitioner was intimated that an amount of Rs.1,41,000/- is due to her. In spite of earnest efforts of the petitioner, amount is not released to the petitioner and thereupon, petitioner has submitted Ext.P6 representation

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before the 1^st respondent, which is pending consideration. Learned counsel submitted that

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situation would suffice if appropriate directions are issued.

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Having heard leaned counsel for the petitioner and learned Standing Counsel appearing for the respondents, I am of the considered opinion that a quietus is to be given to the issue, since the Housing Board itself has admitted in Exts.P4 and P5

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WP(C).No. 3203 of 2019 3

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dated 15.10.2014 and 28.07.2017 that, the amount as specified above is due to the petitioner.

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Therefore, there will be a direction to the 1^st respondent to finalize Ext.P6 at the earliest and at any rate, within a month from the date of receipt of a copy of this judgment, if required, after securing participation of the petitioner.

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If it is found that there are no other legal impediments standing in the way, release the amount to the petitioner at the earliest and at any rate, within a month thereafter.

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The writ petition is disposed of accordingly.

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Sd/-

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uu 26.03.2019

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WP(C).No. 3203 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 3.8.1989 ISSUED BY THE FIRST RESPONDENT CONVEYING THE NO OBJECTION OF THE BOARD. EXHIBIT P2 TRUE COPY OF DOCUMENT NO.2962/2017 DATED 24.10.2017 OF THE SUB REGISTRY, PATTOM. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 5.5.2007 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 15.10.2014 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 28.7.2017 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

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EXHIBIT P6 TRUE COPY OF COMMUNICATION DATED 29.12.2018 FROM THE PETITIONER TO THE FIRST RESPONDENT.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Sulochana Satheesh, v. Kerala State Housing Board Limited

Case brief

What is this about?

What did the court decide?

Sulochana Satheesh, v. Kerala State Housing Board Limited

Case brief

What is this about?

What did the court decide?

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