IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 2528 of 1996(A)
1. K.P.MOOSA
... Petitioner
Vs
1. REGIONAL ENGINEER,KSHB,COCHIN
... Respondent
For Petitioner :SRI.C.KOCHUNNY NAIR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :16/06/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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O.P.No.2528 OF 1996
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Dated this the 16th day of June, 2008
JUDGMENT
This writ petition was dismissed for default on 4.3.2005,
which was later restored on 28.2.2007 as per orders on
M.J.C.No.74/07. As noticed in the order dated 6.11.2007, the
site and building in question were re-auctioned and sold by the
Housing Board on 14.2.2007, that is, when there was no
interlocutory order restraining the Housing Board from doing so.
Following the aforesaid order dated 6.11.2007, the Housing
Board has filed further affidavit disclosing the details of the re-
auction. The auction purchaser has also come on record as
additional 4th respondent.
Having regard to the aforesaid facts and circumstances, I
do not deem it appropriate to adjudicate any right of parties in
this writ petition. The writ petition is hence, dismissed without
prejudice to the right of the petitioner to prosecute appropriate
remedies, statutory as also, before courts challenging the
OP.2528/96
Page numbers
re-auction or agitating the issue between the transpose
petitioner and the Housing Board in accordance with law. It is
clarified that this judgment does not touch on the merits of the
case. It is further clarified that if the petitioner is entitled to any
refund if he gives up the litigation, the same will be considered
by the Housing Board in accordance with law.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.16/6.