Disposed

P.Sivadasan v. the District Collector

Kerala HC7 Jul 2021WP(C)/13427/2021

Case brief

AI extract

What is this about?

This writ petition seeks eviction of a government employee from allotted quarters and direct allotment to the petitioner. The court did not decide the merits but directed the District Collector to decide the matter after hearing both parties via video conferencing within six weeks.

What did the court decide?

Directed the 1st Respondent to decide the issue after hearing both parties within six weeks.

P.Sivadasan Vs the District Collector — Property and Title | Kerala HC (2021)

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WP(C) NO. 13427 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 7^TH DAY OF JULY 2021 / 16TH ASHADHA, 1943

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WP(C) NO. 13427 OF 2021

PETITIONER:

P.SIVADASAN

AGED 46 YEARS

S/O. PURUSHOTHAMAN, E2, GOVERNMENT OFFICERS QUARTERS, THEVALLY, KOLLAM 691 009

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BY ADVS. G.BHAGAVAT SINGH KELU BHAGAVAT

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RESPONDENTS:

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

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

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SRI. BIJOY CHANDRAN- SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13427 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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

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(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;

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

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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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.

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I am of the opinion that it is for the 1^st respondent to take a decision nd on Ext.P4 representation, with notice to the petitioner as well as the 2

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WP(C) NO. 13427 OF 2021

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respondent. Orders shall be passed by the 1^st 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.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C) NO. 13427 OF 2021

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APPENDIX OF WP(C) 13427/2021

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PETITIONER'S/S EXHIBITS:

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Exhibit P1 COPY OF THE PROMOTION PROCEEDINGS DATED 22-022021 OF THIS HON'BLE COURT.

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

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

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

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

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RESPONDENT'S/S EXHIBITS: NIL

P.Sivadasan v. the District Collector

Case brief

What is this about?

What did the court decide?

P.Sivadasan v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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