IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2608 of 2009()
1. P.C. KUTTAN
... Petitioner
Vs
1. THE ADMINISTRATIVE OFFICER, KERALA STE
... Respondent
For Petitioner :SRI.P.V.CHANDRA MOHAN
For Respondent :SRI.A.JAYASANKAR, SC KSHB, TVM
The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :02/03/2010
O R D E R
P.R.RAMAN, Ag. C.J. &
C.N.RAMACHANDRAN NAIR, J.
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W.A. No. 2608 OF 2009
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Dated this the 2nd day of March, 2010
J U D G M E N T
Raman, Ag. C.J.
This appeal is filed by the petitioner. The writ petition was filed for
a direction to the Kerala State Housing Board to convey the property. The
learned single Judge granted the relief and directed the housing board to
convey the property. But it was made clear that the housing board is
entitled to assert its claim for the amount of Rs,8,200/- referred to in
Ext.P6, while defending RFA No.15 of 2009. Further, it was also provided
that the claim for Rs.8,200/- will constitute a charge over the property,
which is to be assigned in favour of the petitioner and shall remain so, till
the disposal of RFA No.15 of 2009.
2. Admittedly there is a dispute between the parties regarding the
final amount to be paid by the petitioner. According to the petitioner, the
amounts are due to him from the housing board and therefore a suit is
filed for retention of accounts. According to the housing board, an
amount of Rs.8,200/- is still due from the petitioner. Any way, as to what
will be the actual amount due if any or whether any excess is paid by the
appellant can be decided only after the RFA No.15 of 2009 is disposed
of. It is not necessary to create a charge on the property for the sum of
W.A. No2608/09
2
Rs.8,200/-.
3. We are of the opinion that if the amount of Rs.8,200/- is paid by
the petitioner, the same will be kept as a reserve and the parties will be at
liberty to raise their contentions in the RFA No.15 of 2009. The amount of
respondents.8,200/- will also be adjusted towards the claim to be settled
between the parties and will be refunded if it is otherwise paid to be in
excess. Once the amount of Rs.8,200/- is paid, the remaining condition in
the judgment of the learned single Judge will be complied. In the result,
the appeal is disposed of as follows.
In case the amount of Rs.8,200/- is paid by the appellant/ petitioner
within two weeks from today, the sale deed will be executed in his favour
within four weeks thereafter, free of encumbrance.
P.R.RAMAN,
Ag. CHIEF JUSTICE
C.N.RAMACHANDRAN NAIR
JUDGE
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