IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 20675 of 2009(D) -------------------------- RCP.176/2005 of ADDL.MUNSIFF COURT, KANNUR RCA.80/2006 of APPELLATE AUTHORITY, THALASSERY .................... PETITIONER(S): --------------- M.K.AJAY, S/O.K.K.NARAYANAN, AGED 34 YEARS, UNCOIN, OPP.TO CO-OPERATIVE PRESS, SOUTH BAZAR, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- E.V.PADMANABHAN NAIR, S/O.LATE OTHENAN MANIYANI, AGED 71 YEARS, RESIDING AT EEVEE NIVAS, P.O.KOLACHERRY, KANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.20675 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. We do not propose to examine the correctness of the averments made in the writ petition . But the grievance voiced by the petitioner/tenant is that copy application - C.A.No.1077/09 which he filed in R.C.A.No.80/2006 for getting certified copy of the judgment of the Rent Control Appellate Authority is not being considered and copy is not being issued. The petitioner submits that even as his copy application is pending before the Appellate Authority, the execution court has ordered delivery of the petition schedule building to the decree holder respondent and has posted the E.P. to 22/08/2009. It is submitted that the only ground on which eviction was ordered is the ground of arrears of rent. It is well known that any order of eviction passed under Section 11(2)(b) is a tentative order which is liable to be vacated upon the tenant making deposit of arrears of rent and interest and costs. But according to Sri.C.K.Sreejith, learned counsel for the WPC.No.20675/09 2 petitioner , there is some dispute regarding the quantum of arrears of rent actually due. According to the learned counsel, the contract rent is Rs. 3,000/- per mensum. The tenant's contention is that he is liable to pay rent only at the rate of Rs. 2000/- per mensum. 2. We are of the view that without examining the merits of the dispute between the parties as to the correct contract rent, the writ petition can be disposed of at this stage itself issuing the following directions; The Rent Control Appellate Authority , Thalassery is directed to issue the copy applied for as per C.A.No.1077/2009 in R.C.A.No.80/2000 ( if the copy application is in order ) at the earliest and at any rate within three weeks of receiving copy of this judgment. Considering the above directions, there will be a further direction to the Principal Munsiff's Court, Kannur not to effect delivery till 31/08/2009 on condition that the petitioner pays a sum of Rs. 30,000/- to the respondent either directly or through his counsel before the execution court towards his admitted liabilities on account of arrears of rent within ten days from today. WPC.No.20675/09 3 It is made clear that if the above amount is not paid within ten days from today, the writ petition itself will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. WPC.No.20675/09 4