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2006 Supreme(Ker) 334

P.R.RAMAN, V.K.BALI
Grace Joseph – Appellant
Versus
State of Kerala Represented by Secretary Department of Housing Board – Respondent


Judgment :-

V.K. Bali, C.J.

In the context of the facts of the present case, one of the questions that needs adjudication is as to whether when there is no dispute on facts and on such undisputed facts there may be an argument leading to an irresistible conclusion one way or the other, should the parties even in the matter of contract, be relegated to vindicate their stand by a civil suit. Before we might comment upon and determine the question framed above, it would be useful to extract a resume of facts leading to the filing of this writ appeal by the appellant, who was the petitioner in the original lis, and by the impugned judgment passed by the learned Single Judge has indeed been asked to substantiate her stand before a civil court.

2. Grace Joseph, the appellant herein, it appears, could scarcely collect funds enough to buy a small dwelling house only when she retired as the Headmistress of Kendriya Vidyalaya in the year 1991. She made an application for allotment of a plot of land with building on it offered by the Kerala State Housing Board, arrayed as second respondent in the writ petition under the Gandhi Nagar Housing Scheme. The plot was selected on the basis of the repa



















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