IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No.23186 of 2009(P) ------------------------------- RCA.32/2009 of RENT CONTROL APPELLATE AUTHORITY, PALAKKAD RCP.65/2005 of RENT CONTROL COURT, PALAKKAD .................... PETITIONER(S): --------------- IQBAL, S/O.KUNJUMON, AGED 27 YEARS, 31/673, MARKET ROAD, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): ------------------- 1. N.R.SREENIVASA IYYER, S/O.LATE VENKITESWARA IYYER, AGED 76 YEARS, NOORANI GRAMAM, PIRAYIRI, PIRAYIRI AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. 2. K.M.RAHMATH, W/O.LATE KUNJUMON, YARATHINGAL, PALLIPPURAM, KALLIKKAD, PALAKKAD TALUK, PALAKKAD DISTRICT. 3. IYSHUMMA.U.K., W/O.SHAMSUDHEEN, 10/411, POOCHIRA, PALAKKAD TALUK, PALAKKAD DISTRICT. 4. SUHARA.U.K., W/O.KABEER, KARUPPAN VEEDU, PALLIPPURAM, KALLIKKAD, PALAKKAD TALUK, PALAKKAD DISTRICT. 5. ARAFATH.U.K., S/O.LATE KUNJUMON, KARUPPAN VEEDU, PALLIPPURAM, KALLIKKAD, PALAKKAD TALUK, PALAKKAD DISTRICT. 6. ARSHAD.U.K., S/O.LATE KUNJUMON, KARUPPAN VEEDU, PALLIPPURAM, KALLIKKAD, PALAKKAD TALUK, PALAKKAD DISTRICT. 7. ABHIDA.U.K., W/O.MUJEEB RAHIMAN, CHADANAMKURUSSI, NURANI (P.O.), PALAKKAD TALUK, PALAKKAD DISTRICT. 8. FATHIMA.U.K., D/O.LATE KUNJUMON, CHADANAMKURUSSI, NURANI (P.O.), PALAKKAD TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ W. P. C. No.23186 of 2009 ------------------------------------------------ Dated this the 14th day of August, 2009 JUDGMENT Pius C. Kuriakose, J The tenant against whom the execution court has ordered delivery is the petitioner in this Writ Petition filed under Article 227 of the Constitution of India. The tenant alleges that it is ignoring the pendency of Ext.P5 Rent Control Appeal and Ext.P6 application for condonation of delay and Ext.P7 application for stay preferred before the Rent Control Appellate Authority that the execution court has ordered delivery of the building on 17/08/09. The learned counsel for the petitioner submits that even though the learned Rent Control Appellate Authority was informed about the W. P. C. No.23186 of 2009 -2- pendency of the execution petition that authority did not become inclined to order stay, but has ordered notice to be taken out to the landlord. According to the counsel, if delivery is allowed to take place on 17/08/09, Exts.P5, P6 and P7 will be rendered infructuous. 2. We do not propose to go into the merits of the grounds raised in the Writ Petition or the correctness of the averments made therein. But it is clear from Exts.P5, P6 and P7 that appeal has been preferred by the petitioner/tenant against the order of eviction passed by the Rent Control Court. It is also clear that the impugned order of eviction is an ex parte one. We feel that a short respite can be given to the Writ Petitioner on strict conditions. Therefore, without going into the merits of the matter, we are inclined to W. P. C. No.23186 of 2009 -3- dispose of this Writ Petition itself issuing the following directions:- 1) The petitioner is directed to deposit before the Rent Control Appellate Authority or pay directly to the landlords or through the Advocate who appears for the landlords before the Rent Control Court, the arrears of rent found by the Rent Control Court under the impugned order of eviction to be due from the petitioner together with the rent which has fallen due in respect of the building till 31/07/09 within seven days from today and produces receipt before the Rent Control Appellate Authority. 2) Once the Appellate Authority notices such receipt, that authority will expedite matters and facilitate final disposal of the Rent Control Appeal. If that authority is unable to finally dispose of the Rent W. P. C. No.23186 of 2009 -4- Control Appeal, orders will be passed on the application for condonation of delay and application for stay (Exts.P6 and P7) at the earliest. 3. Considering the above directions, the execution court is directed to adjourn the delivery presently ordered to take place on 17/08/09 to 29/08/09. 4. This Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-