IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36861 of 2009(C)
1. O.PARAMASIVAN, S/O. OORKAVALAN,
... Petitioner
Vs
1. THE SUB COLLECTOR,DEVIKULAM, OFFICE OF
... Respondent
2. THE VILLAGE OFFICER, KANNAN DEVAN HILLS
For Petitioner :SRI.JOICE GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.36861 of 2009 (C)
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Dated, this the 21st day of December, 2009
J U D G M E N T
The petitioner was a Senior Mechanic in the Agricultural
Department, who retired from service on 30/04/2008. While in
service, by Ext.P1 order, he was allotted a quarters. Even after his
retirement, he did not vacate the quarters, and finally he has now
been issued Ext.P3 notice dated 15/12/2009 informing that if he
does not vacate the quarters, he will be evicted. It is thereupon that
this writ petition is filed.
2. The first contention raised is that in view of the non-
payment of DCRG, he is not in a position to find out an alternate
accommodation. As rightly pointed out by the learned Government
Pleader, unless the petitioner vacates the quarters, he cannot get
payment as sought for. Therefore, this contention has no merit.
3. However, having regard to the submissions made by the
counsel for the petitioner that his daughter is now undergoing
treatment for Chickenpox, it is directed that the petitioner will be
WP(C) No.36861/2009
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given one month time from today to vacate the quarters, subject to
condition that the petitioner will execute an undertaking before the
2nd respondent to the effect that he will vacate the quarters on or
before 15/01/2010. It is directed that if such an undertaking is
executed before 24/12/2009, Ext.P3 shall not be implemented till
15/01/2010.
The petitioner shall produce a copy of this judgment along
with a copy of this writ petition before the 2nd respondent for
compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg