IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 OP (RC).No. 1918 of 2011(I) --------------------------- PETITIONER/PETITIONER/RESPONDENT ----------------------------------------- K.P.SANKEEV KUMAR,AGED 33 YEARS, S/O.ASHOK KUMAR,MANAGING DIRECTOR,M/S.FABRICS INDIA EXPORTS PVT.LTD.PRESTIGE CENTRE(GROUND FLOOR)KARYATH DAMODARAN ROAD,P.O.CIVIL STATION, KANNUR-670002,KANNUR AMSOM,KANNURKARA DESOM. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.ABHILASH RESPONDENT(S): /RESPONDENT/PETITIONER ------------------------- PALLACKAN PUTHIYA PURAYIL HASEENA, W/O.HAMSA,AGED 41 YEARS,HARSHA,ACHARATH ROAD, THALASSERY,KANNUR THROUGH POWER OF ATTORNEY HOLDER AND FATHER MR.V.K.MOOSA KUTTY,S/O.LATE T.P.EBRAHIM AGED 67 YEARS,BUSINESS,HARSHA,ACHARATH ROAD, THALASSERY,KANNUR-670102,KANNUR DISTRICT. ADV. SRI.MOHAMMED MUSTAQUE THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P(RC).No. 1918 OF 2011 ------------------------ Dated this the 21st day of June, 2011 JUDGMENT Pius C.Kuriakose, J. Under challenge in this original petition filed under Article 227 are Exts.P6 and P7 orders passed by the Rent Control Court, Kannur in I.A. Nos. 543/11 & 648/2011 in RCP Nos.172/2007. As directed by us, Sri.Mohammed Mustaque has taken notice on behalf of the respondent and we have heard Sri.Abhilash K.N. learned counsel for the petitioner and also Sri.Mohammed Mustaque in detail. 2. It will be noticed at the very outset that on gauging Exts.P6 and P7 by the parameters which are applicable to the exercise of visitorial jurisdiction by this court, there is not much justification for interfering with those orders. At the same time, we feel that despite lack of promptness on the part of the petitioner/tenant in the matter of payment of rent, that too after getting the relief from this court agreeing to comply with the conditions imposed by this court regarding promptness in the matter of payment of rent, some more indulgence can be shown OP(RC)1918/2011 2 towards the petitioner. Hence, we are inclined to set aside Exts.P6 and P7 and allow I.A. Nos. 543/2011 & 648/2011 subject to the following conditions; i). The petitioner shall pay a sum of Rs.20,000/- towards the rent payable by him for the months of April and May 2011 to the respondent either directly or through the respondent's advocate in this court within seven days from today and produce receipt before the court below. ii). The petitioner shall pay the rent for the month of June 2011 on the 30th of June 2011 and will continue to pay the rent which falls due subsequently on the last day of every month without fail as already directed in the earlier orders passed by this court. iii). The petitioner shall pay a sum of Rs.5,000/- to the landlord either directly or through his counsel in this court within seven days from today as cost and produce receipt. Once the court below notices receipts against the payment of the amounts mentioned above, this judgment will become operative and thereupon the court below will post the rent control petition in the earliest available special list for trial and dispose of OP(RC)1918/2011 3 the same after conducting enquiries in accordance with law without fail. We make it clear that if the petitioner/tenant does not comply with any of the conditions imposed above, Ext.P6 and P7 will stand confirmed and the original petition will stand dismissed. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk