IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 27412 of 2009(V) -------------------------- PETITIONER(S): RESPONDENT ------------------------- K.V.PADMANABHAN, BUILDING NO.32, FLAT NO.16, RADHA NAGAR HOUSING COLONY, WEST KALIAN, MAHARASHTRA S. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENT(S): APPELLANT ------------------------ P.T.BABU, S/O.DASAN, AGED 38 YEARS, HOUSE NO-EPIII/179/A, VIDYANAGAR HOUSING COLONY, EDAKAD KANNUR. ADV. SRI.P.U.SHAILAJAN FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ W.P.C.No. 27412 OF 2009 ------------------------ Dated this the 2nd day of November, 2009 JUDGMENT Pius C.Kuriakose, J. The grievance voiced by the petitioner/landlord is that an application filed by him invoking Section 12 of the Rent Control Act in the Rent Control Appeal preferred by the respondent against an order of eviction passed in his favour is kept pending by the Appellate Authority. The learned counsel for the respondent/tenant sought for time. But, we are not inclined to grant time. It is obligatory that in order that any tenant is permitted to contest/prosecute an appeal, he should pay the arrears of rent admitted by him and the rent which falls due subsequent to the commencement of the proceedings. Under the above circumstances, we dispose of this writ petition directing the Rent Control Appellate Authority, Thalassery to ensure that I.A. No.95/2009 is disposed of in accordance with WPC.No.27412/2009 2 law at the earliest and any rate within three week of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk