IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32923 of 2010(M)
1. K.S.ANIL,UZHUVATHU KOMALAZHIKATHU HOUSE,
... Petitioner
Vs
1. KERALA STATE HOUSING BOARD,
... Respondent
2. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 32923 of 2010 M
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Dated this the 28th day of October, 2010
J U D G M E N T
Heard both sides.
2. Petitioner has approached this Court, seeking to
quash Ext.P3, an eviction order issued by the second
respondent, exercising his powers under Section 85 of the
Kerala State Housing Board Act, 1971. This notice is issued
on the basis that, as on 31-10-2010, petitioner is in arrears of
an amount of Rs.92,638/-, apart from other dues. Dispute of
the petitioner is that the quantification of the liability is
erroneous and that quantification in Ext.P3 has been done
without affording an opportunity to him.
3. If, as contended by the counsel, petitioner has a
dispute about the amount demanded, necessarily, the
quantification has to be done with notice to him. Having
regard to the fact that such an exercise has not been
undertaken so far, I feel the eviction now ordered is
premature.
W.P.(C) No.32923/2010
: 2 :
Therefore, I dispose of the writ petition, directing
that petitioner shall remit with the second respondent
Rs.50,000/-, within ten days from today, towards the dues
now demanded by Ext.P3. Subject to remittance as above, it
is directed that Ext.P3 will be treated as a notice, enabling the
petitioner to file his objections of the quantification of dues
made therein. If the petitioner files such an objection, the
second respondent will issue notice to him, consider his
objections and quantify actual amount due from the petitioner.
Thereupon, a fresh demand will be issued to the petitioner
and the petitioner will pay the amount quantified.
(ANTONY DOMINIC, JUDGE)
aks