IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 37269 of 2009(C) -------------------------- RCA.18/2009 of DISTRICT COURT, MANJERI RCP.17/2006 of MUNSIFF COURT, TIRUR .................... PETITIONER(S): --------------- ABOOBACKER, S/O. KATTIPARAMBIL KUNHEEN, TIRUNAVAYA AMSOM, EDAKULAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. REPRESENTED BY HIS BROTHER K..KUNHIMOIDENKUTTY. BY ADV. SRI.G.UNNIKRISHNAN SRI.SANEESH KUMAR RESPONDENT(S): --------------- CHERAMCHAMVEETTIL MALIYEKKAL JAMEELA, D/O. KUNHON MALIYEKKAL HOUSE, THRIPRANGODE AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. ADV.SRI.C.M.MOHAMMED IQUBLA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ W.P.(C)No. 37269 OF 2009 ------------------------ Dated this the 22 day of December, 2009 JUDGMENT Pius C.Kuriakose, J. Sri.C.M.Mohammed Iqubal takes notice on behalf of the respondent. 2. It appears to us that it is a genuine grievance which is being voiced by the tenant/petitioner. Ext.P1 order of eviction was passed against him by the Rent Control Court. Against Ext.P1, he preferred Ext.P2 Rent Control Appeal. Along with Ext.P2, he filed Ext.P3 application for stay of execution. The learned Appellate Authority did not become inclined to pass orders on the stay petition. In the meanwhile, the Execution Court has considered Ext.P4 Execution Petition and ordered delivery of the petition schedule building on 4/1/2010. 3. Sri.G.Unnikrishnan, learned counsel for the petitioner, submits that if delivery is allowed to take place on 4/1/2010, the same will render Ext.P2 appeal and Ext.P3 petition infructuous. We find merit in the above submission. We are of the view that WPC.No.37269/2009 2 the writ petition is accordingly disposed of issuing the following directions; i). The Rent Control Appellate Authority, Manjeri, is directed to hear both sides and dispose of RCA No.18/2009 in accordance with law at the earliest and at any rate within one month of receiving a copy of this judgment. If for any valid reason, the learned Appellate Authority is unable to comply with the above direction, the Appellate Authority will take up I.A. No.747/2009 petition for stay filed by the petitioner and pass appropriate orders on the same early and at any rate on or before 16/1/2010. ii). Considering the above direction, we direct the Execution Court (the Principal Munsiff Court of Tirur) to adjourn the delivery presently ordered in WPC.No.37269/2009 3 EP 248/2009 in RCP No.17/2006 by at least one month from 4/1/2010. Issue copy today itself. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk