IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26797 of 2009(T) -------------------------------- RCA.2/2009 of DISTRICT COURT(Rent Control Appellate Authority), ALAPPUZHA RCP.32/2004 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER(S): ----------------- THANKAMMA, W/O.THANKAPPAN, USHA NIVAS (NIKARTHIL) CMC 4, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): ------------------- SNDP UNION CHERTHALA REP.BY ITS SECRETARY R.KESAVADAS, MANIBEN, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE. ADV. SRI.A.N.RAJAN BABU FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ W. P. C. No.26797 of 2009 ------------------------------------------------ Dated this the 1st day of October, 2009 JUDGMENT Pius C. Kuriakose, J In this Writ Petition under Article 227 of the Constitution of India, the following are the prayers made:- 1) Direct the Rent Control Appellate Authority, Alappuzha to dispose of RCA.2/09 as expeditiously as possible. 2) Direct the Principal Munsiff's Court, Cherthala to keep in abeyance the execution proceedings in RCP.32/04 pending disposal of the RCA.2/09. Sri.A.N.Rajan Babu has entered appearance on behalf of the respondent and we have heard the submissions of Sri.S.Sanal Kumar, the learned counsel W. P. C. No.26797 of 2009 -2- for the petitioner and Sri.A.N.Rajan Babu. Sri.Rajan Babu would point out at the very outset that prayer No.2 cannot be granted since the petitioner has got a statutory remedy under Section 14 of the Rent Control Act by way of revision to the District Court, Alappuzha. Without exercising that remedy, the petitioner cannot directly approach this Court under the constitutional jurisdiction. He pointed out that the order of the execution court is not challenged at all. What is sought for is only a direction to keep in abeyance the execution proceedings which cannot be granted at all. Sri.Sanal Kumar would submit that the petitioner is not keen on getting relief No.2. The petitioner wants only a direction to the Rent Control Appellate Authority to dispose of the RCA early. Learned counsel, however, conceded that since an application for W. P. C. No.26797 of 2009 -3- condonation of delay is also pending, it may not be possible for the Appellate Authority to dispose of the RCA without disposing of the petition for condonation of delay. The learned counsel confessed that the eviction order of the Rent Control Court sought to be executed by the learned Munsiff has been passed not only on the ground of bona fide own occupation, but also on the ground of arrears of rent. He submitted that the Appellate Authority would have been inclined to grant at least short stay if the petitioner was willing to pay 1/3rd of the arrears of rent found by the Rent Control Court. According to him, the petitioner is now ready and willing to pay 1/3rd of the arrears of rent. Answering the above submission, Sri.A.N.Rajan Babu submitted that the rent is in arrears for more than ten years and that the quantum of arrears due as W. P. C. No.26797 of 2009 -4- on date is Rs.35,500/-. Having anxiously considered the rival submissions, we are of the view that relief to a certain extent can be granted to the petitioner on condition that he pays at least Rs.20,000/- towards arrears of rent found by the Rent Control Court to the respondent immediately. Accordingly, we dispose of this Writ Petition issuing the following directions:- 1) The Writ Petitioner is directed to pay a sum of Rs.20,000/- to the respondent either directly or through its counsel in this Court on or before 15/10/09. 2) Once it is noticed by the Rent Control Appellate Authority that the above condition is complied with by the Writ Petitioner, that Authority W. P. C. No.26797 of 2009 -5- will take up the application for condonation of delay as well as the RCA and ensure that both the application as well as the RCA are disposed of at least by 24/10/09. In view of the above directions we direct the execution court not to effect delivery till 16/10/09. On 16/10/09 the execution petition will be called by the execution court and if it is noticed that condition No.1 stated above has been complied with, the EP. will be again adjourned to 27/10/09 to wait for the result of the R.C.A. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-