High Court Kerala High Court

A.Swarnamma vs The Principal Secretary on 24 November, 2006

Kerala High Court
A.Swarnamma vs The Principal Secretary on 24 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 31350 of 2002(F)


1. A.SWARNAMMA, U.D.TYPIST, DIRECTORATE
                      ...  Petitioner
2. K.K.AMMINI, SECTION OFFICER, SC/ST
3. M.G.SYAMALA, U.D.CLERK, DIRECTORATE
4. C.PREMA, CONFIDENTIAL ASSISTANT,
5. S.RASHEELA, ASSISTANT GRADE II,
6. V.B.SULOCHANA, CLASS IV, DIRECTORATE

                        Vs



1. THE PRINCIPAL SECRETARY, PUBLIC WORKS
                       ...       Respondent

2. THE PRINCIPAL SECRETARY TO GOVERNMENT,

3. THE CHIEF ENGINEER, BUILDING AND LOCAL

4. TAHSILDAR, THIRUVANANTHAPURAM TALUK

                For Petitioner  :SRI.S.B.JAYACHANDRAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :24/11/2006

 O R D E R
                           KURIAN JOSEPH, J.

                 ----------------------------------------------

                   O.P.Nos.31350, 31590, 31737,

                   32156, 33278 & 33797  of  2002

                 ----------------------------------------------

                   Dated 24th    November,  2006.


                             J U D G M E N T

Petitioners are occupants of Government servants’

hostel at various places. They approached this Court aggrieved

by the alleged unconscionable enhancement of rent. In all these

cases, this Court has permitted continuance of occupation by

paying rent as enhanced by 100%. In some of the cases, the

petitioners have approached the government. Learned

Government Pleader submits that the enhancement is in view of

the expenses incurred for maintaining the hostel. However, the

contention of the petitioners is that in any case, enhancement

beyond 100% is certainly unreasonable, particularly in view of the

pathetic situation of the building. Learned counsel for the

petitioners prays for an opportunity to move the Government

pointing out the condition of the building, need for urgent repair

and also that in any case, the enhancement beyond 100% is

unjust and unreasonable. In the above circumstances, the writ

petition is disposed of as follows :-

Petitioners may approach the Government either

OP NO. 31350/02&connected cases 2

individually or through their association within a period of two

months from today. Thereafter, the Government will consider the

matter with notice to the associations/first signatory to the

representations, and pass appropriate orders thereon in

accordance with law, adverting to the contentions taken by the

petitioners, within another four months. Subject to the petitioners

thus approaching the Government within a period of two months

from today, the interim orders passed by this Court will continue

till orders are passed by the Government as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

———————————————-

O.P.Nos.31350, 31590, 31737,

32156, 33278 & 33797 of 2002

———————————————-

J U D G M E N T

Dated 24th November, 2006.