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HIGH COURT OF KERALA
K.SURENDRA MOHAN, J
SURESH BABU S – Appellant
Versus
ASSISTANT ENGINEER PWD VIKAS BHAVAN – Respondent
WRIT PETITION (CIVIL) 26375/2011
Eviction - Writ Petition - Representation - Government Servants Quarters - Eviction Notice
Fact of the Case:
The petitioner, a member of a Minister's staff, was required to vacate a government quarter after the expiration of a three-month period post-termination and sought an extension until a specified date.
Finding of the Court:
The court directed the second respondent to ensure that the petitioner's representation was forwarded to the first respondent for consideration and mandated a prompt decision within two weeks, preventing eviction until then.
Issues: Whether the petitioner should be granted an extension to vacate the government quarters despite the lapse of the initial three-month period.
Ratio Decidendi: The court emphasized the necessity for the proper consideration of representations made by government staff regarding eviction timelines.
Final Decision: Petition allowed as per the court's directions on representation consideration.
J U D G M E N T
The petitioner was a member of the personal staff of a Minister in the erstwhile Cabinet. He is in occupation of Quarter A1 of Government Servants Quarters. As per rules, he is bound to vacate the quarters within three months of the date on which he ceases to be a member of the personal staff of the Minister. The period of three months stipulated has already expired. The petitioner seeks time till 31.12.2011 to vacate the quarters. He has submitted Exts.P3 and P4 representations before the Minister and the second respondent respectively. The petitioner complains that no action is taken on his representations so far.
2. The learned Government Pleader submits that the petitioner has not made a proper representation. However, if the second respondent forwards Ext.P4 representation to WP(C).No.26375/2011-V.
the first respondent, the same shall be considered and disposed of without delay.
3. In the above circumstances, this writ petition is disposed of directing the second respondent to forward the petitioner's representation evidenced herein by Ext.P4 to the first respondent and further directing the first respondent to consider Ext.P4 representation in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment. Until orders are passed on Ext.P4, the petitioner shall not be evicted.
K.SURENDRA MOHAN, (Judge)
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