Partly allowed

K Shylajakumari v. the Kerala State Housing Board

Kerala HC23 Mar 2022WP(C)/7659/2022

Case brief

AI extract

What is this about?

Petitioner, a housing flat allottee, challenged eviction orders for alleged default in payment costs. Court set aside the eviction order and directed the authority to consider petitioner's objections to the preliminary notice within one month.

What did the court decide?

Ext.P7 order set aside. Petitioner directed to file objection to Ext.P6 within one month. Authority directed to consider objection and pass order within further one month.

K Shylajakumari Vs the Kerala State Housing Board — Property and Title | Kerala HC (2022)

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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 N.NAGARESH

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WEDNESDAY, THE 23^RD DAY OF MARCH 2022/2ND CHAITHRA, 1944

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WP(C) NO. 7659 OF 2022

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PETITIONER:

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K SHYLAJAKUMARI, AGED 62 YEARS, RESIDING AT NM 12/24, PAMPADY BUILDINGS TOWN WARD, NEDUMANGAD, THIRUVANANTHAPURAM, PIN – 699 541.

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BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. SWATHY DAS P.PARVATHY P.K.ANTONY AATHIRA SUNNY U.M.HASSAN RENJINI M. RENJITH ABHIRAMI DINESH ROSE MATHEW NAZRIN HALLAJ K.N.MUHAMMED THANVEER LAKSHMINARAYAN.R N.KRISHNA OZHAKKANAT AKHILESH S.

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RESPONDENTS:

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1 THE KERALA STATE HOUSING BOARD REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, PIN – 695 001.

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2 SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, PIN – 695 001.

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WP(C) No.7659/2022

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3 REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-695 001.

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BY ADV V.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.7659/2022

JUDGMENT

Dated this the 23^rd day of March, 2022

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The petitioner, who is an allottee of a flat constructed on behalf of the Kerala State Housing Board, has approached this Court seeking to quash Ext.P7 and all further proceedings passed by the respondents. The petitioner also seeks a direction to the respondents to handover the title deed to the petitioner without any delay.

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The petitioner is aggrieved by Ext.P6 preliminary

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notice dated 23.12.2021 and Ext.P7 revision order dated 01.02.2022 passed by the Executive Engineer, Kerala State Housing Board. Ext.P6 is a notice issued by the Executive Engineer invoking sub-section 2 of Section 85 of the Kerala State Housing Board Act, 1971. Ext.P6 notice alleges that the petitioner has defaulted in payment of final cost including interest amounting to `4,49,529/- along with

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WP(C) No.7659/2022

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default interest and penal interest, balance on principal, final cost difference with interest as on 31.12.2021. The petitioner was directed to show-cause.

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Subsequently, the Executive Engineer passed Ext.P7 on 01.02.2022 in exercise of the powers conferred under sub-section (1) of Section 85 of the Kerala Housing Board Act, 1971 ordering the petitioner to vacate the premises within one month and handover the possession of the premises. In Ext.P7, it was stated that if the petitioner refused to vacate the premises within the time allowed, the petitioner will be evicted from the premises.

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The learned counsel for the petitioner submitted that the petitioner has already remitted the entire cost of the flat. The amount sought to be realised from the petitioner now is excessive. In fact, the petitioner was forced by the

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respondents to pay an amount of 3,55,613/- towards the cost of the flat, in 1998 as against the amount 3,41,863/-

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WP(C) No.7659/2022

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fixed by this Court. The petitioner has paid `13,750/- more than what is required.

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The learned Standing Counsel representing the respondents entered appearance and resisted the writ petition. The Standing Counsel submitted that the petitioner has defaulted the payment of final cost including interest, amounting to `4,49,529/-. Since there is violation on the part of the petitioner to pay the cost of the flat entirely, the respondents have no other way than to evict the petitioner

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invoking powers under Section 85 of the Kerala Housing Board Act, 1971.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

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The petitioner served with Ext.P6 preliminary notice invoking sub-section 2 of Section 85 of the Kerala State Housing Board Act, 1971. It appears that the

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WP(C) No.7659/2022

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petitioner has not given reply to the show-cause notice. However, going through the pleadings in the writ petition, this Court is of the opinion that if Ext.P7 is implemented without adverting to the contentions of the petitioner and the judgment of this Court, the same may cause irreparable injury to the petitioner. This Court therefore is of the view that the competent authority should consider the objections

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of the petitioner against Ext.P6 and take a final decision afresh.

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In the circumstances, the writ petition is disposed of directing the petitioner to file an objection to Ext.P6 preliminary notice. The petitioner shall file her objection to Ext.P6 notice within a period of one month. The 3^rd respondent shall ensure that the competent authority considers the objections filed by the petitioner and passes appropriate orders on Ext.P6 within a further period of one month.

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WP(C) No.7659/2022

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To enable the competent authority to consider the

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matter afresh, Ext.P7 order is set aside. All legal issues

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raised by either side are left open.

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Sd/- N. NAGARESH JUDGE

ncd/26.03.2022

WP(C) No.7659/2022

APPENDIX OF WP(C) 7659/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE JUDGMENT PA	SSED BY
	THIS HONOURABLE COURT IN	OP NO.
	10684/92 DATED 30.01.1997
Exhibit P2	TRUE COPY OF THE AGREEMENT E ON 13.06.1997	XECUTED
Exhibit P3	TRUE COPY OF THE JUDGMENT PA	SSED BY
	THIS HONOURABLE COURT IN 14014/97 DATED 14.09.1998	O.P.
Exhibit P4	TRUE COPY OF THE JUDGMENT PA	SSED BY
	THIS HONOURABLE COURT IN W.A OF 1999 DATED 29.02.2000	NO. 157
Exhibit P5	TRUE COPY OF THE ORDER PASSED DISTRICT CONSUMER DISPUTES RE FORUM TIRUVANANTHAPURAM 09.07.2018	BY THE DRESSAL DATED
Exhibit P6	TRUE COPY OF THE EVICTION DATED 23.12.2021	NOTICE
Exhibit P7	TRUE COPY OF THE EVICTION DATED 01.02.2022	NOTICE
Exhibit P8	TRUE COPY OF THE ADVANCE	PAYMENT
	REFLECTED IN THE RECEIPT 22.5.1997	DATED
Exhibit P9	TRUE COPIES OF THE INSTA	LLMENTS
	REMITTED BY THE PETITIONER RE IN THE RECEIPTS	FLECTED

K Shylajakumari v. the Kerala State Housing Board

Case brief

What is this about?

What did the court decide?

K Shylajakumari v. the Kerala State Housing Board

Case brief

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What did the court decide?

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