CHACKO Vs. ACCOMMODATION CONTROLLER ERNAKULAM

JUDGEMENT

(1.) In this writ petition Mr. S. Easwara Iyer, learned counsel for the petitioner, challenges an order issued by the Tahsildar and Accommodation Controller, Ernakulam, under Ex. P 3, dated 11th May 1962.

(2.) There is an unfortunate controversy in these proceedings regarding the allotment of the building, namely, No. XV/8990 in favour of the 2nd respondent in these proceedings by the Accommodation Controller, by his order dated 26th April 1962. The first respondent is the Accommodation Controller, Ernakulam, and the 2nd respondent is Shri John Chandy, Chief Research Officer (Statistics) Coir Board, Ernakulam, in whose favour allotment of the premises in question has been made by the 1st respondent.

(3.) According to the petitioner there was an original allotment of this house in favour of one Shri M. Joseph, Deputy Superintendent of Census Operations. In fact, the claim made by the petitioner, who is an Advocate of this Court, is that the allotment itself in favour of Shri Joseph, was for and on behalf of himself and Shri Joseph. That is, according to the petitioner ho was a cotenant of the house at the material time. There is no controversy that Shri Joseph, expecting a transfer from this area, intimated the Accommodation Controller by his notice, dated 19th April 1962 that the particular building will fall vacant on or about 26th April 1962. At this stage it may be mentioned that the petitioner appears to claim that he has also made an application for allotment of the said house in his favour as early as 7th March 1962, evidenced by Ext. P 1. In the said application the petitioner states that the particular house in question is occupied by Mr. M. Joseph, Deputy Superintendent of Census Operations, Ernakulam as well as the petitioner from the date of allotment by the Accommodation Controller of the same to Shri Joseph. The petitioner also states in Ex. P l that since Shri Joseph may be transferred to Trivandrum very soon, the petitioner being the cooccupant of the said house from the date of allotment, the house may be allotted to him in his name from the date of the vacancy notice given by Shri Joseph. That application, according to the petitioner, is stated to have been made on 7th March 1962, and is evidenced by Ex. P 1.