IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 OP (RC).No. 4117 of 2011(O) ------------------------------------- RCA.19/2011 OF RENT CONTROL APPELLATE AUTHORITY, MANJERI RCP.28/2008 OF RENT CONTROL COURT, TIRUR .................... PETITIONER/4TH RESPONDENT: ---------------------------------------------- MOHAMMED SHAMEER K.P, S/O. K.P.JAMAL, KOLLATHUPARAMBIL HOUSE, ALATHIYOOR(PO), PIN- TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENTS: ---------------------- 1. C. ASHOKAN, S/. CHEMMANNUR PATHMAVATHI AMMA ASHOK, THRIKKANDIYOOR (PO), PIN 676104 TIRUR TALUK, MALAPPURAM DISTRICT. 2. K.P.AYISA, D/O. K.P.JAMAL 3. K.P.SHAJI, D/O. K.P.JAMAL 4. K.P.SALMA, D/O. K.P.JAMAL 5. K.P.SHEFEEQUE, S/O. K.P.JAMAL RESPONDENTS 2 TO 5 ARE RESIDING AT KOLLATHUPARAMBIL HOUSE ALATHIYOOR (PO), PIN-676102 TIRUR TALUK, MALAPPURAM DISTRICT THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (RC).No. 4117 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE PETITION IN RCP 28/2008 BEFORE THE RENT CONTROL COURT TIRUR DATED 08.08.2008. EXT.P2 : A TRUE COPY OF THE E.P.84/2011 IN RCP 28/2008 BEFORE THE RENT CONTROL COURT TIRUR DATED 22.03.2011. EXT.P3 : A TRUE COPY OF THE I.A.1297/2011 IN RCP 28/2008 BEFORE THE RENT CONTROL COURT TIRUR TO SET ASIDE EXPARTE DECREE DATED 30.06.2011. EXT.P4 : A TRUE COPY OF THE I.A.1296/2011 IN R.C.P.28/2008 BEFORE THE RENT CONTROL COURT TIRUR TO CONDONE THE DELAY IN FILING THE APPLICATION TO SET ASIDE EXPARTE DECREE DATED 30.06.2011. EXT.P5 : A TRUE COPY OF THE E.A. 212/2011 IN E.P.84/2011 IN RCP 28/2008 BEFORE THE RENT CONTROL COURT TIRUR DATED 30.06.2011. EXT.P6 : A TRUE COPY OF THE JUDGMENT IN O.P(RC) 3406/2011 BEFORE THIS HONOURABLE COURT DATED 21.10.2011. EXT.P7 : A TRUE COPY OF THE ORDER IN I.A.1297/2011 IN RCP 28/2008 BEFORE THE RENT CONTRL COURT TIRUR TO SET ASIDE EXPARTE DECREE DATED 17.10.2011. EXT.P8 : A TRUE COPY OF THE ORDER IN I.A. 1296/2011 IN RCP 28/2008 BEFORE THE RENT CONTROL COURT TIRUR TO CONDONE THE DELAY IN FILING THE APPLICATION TO SET ASIDE EXPARTE DECREE DATED 17.10.2011. EXT.P9 : A TRUE COPY OF THE ORDER IN E.A.212/2011 IN E.P.84/2011 IN RCP 28/2008 BEFORE THE RENT CONTROL COURT TIRUR DATED 17.10.2011. EXT.P10 : A TRUE COPY OF APPEAL FILED BY THE PETITIONER HEREIN AS RCA 19/2011 BEFORE THE RENT CONTROL APPELLATE AUTHORITY MAJERI DATED 19.11.2011 EXT.P11 : A HAND WRITTEN COPY OF THE ABOVE ORDER DATED 13.12.2011 IN E.P.84/2011 BEFORE THE RENT COURT, TIRUR TAKEN FROM THE A DIARY. RESPONDENTS EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE PIUS C. KURIAKOSE & K HARILAL,JJ. ------------------------------------------------- O.P.(RC)No. 4117 of 2011 ------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT PIUS C. KURIAKOSE,J This writ petition is filed under article 227 of the Constitution of India by the 4th in the Rent Control Proceedings seeking to quash Ext.P11 order of delivery and for a stay of further proceedings in the Execution Petition pending disposal of Ext.P10 appeal pending before the Rent Control Appellate Authority, Manjery. 2. Mr.Jamsheed Hafiz, the learned counsel for the petitioner submitted with reference to the averments in the writ petition and the various materials placed on record that the first respondent is attempting to forcibly evict the petitioner from the building in question and he alleged that the first respondent is being helped in his illegal endeavours by the ministerial officers of the court. Even though, Mr.Jamsheed Hafiz was very persuasive, we felt that it was likely that the petitioner was already evicted from the building in question as he was moving this petition for orders at O.P.(RC)No. 4117 of 2011 2 1.45 P.M. as a special urgent today motion. We therefore directed the Registrar(Judicial) to get in touch with the execution court immediately and inform us as to what is the status of the proceedings for delivery. The Registrar(Judicial) has now reported to us after getting in touch with the court that the delivery of the building in question has already been effected with the aid of the police. In view of the report given to us by the Registrar(Judicial), we do not find way to grant the reliefs sought for in the writ petition. If the petitioner believes that there is illegality or irregularity in the procedure adopted by the execution court, it is open to him to challenge Ext.P11 under Section 14 of the Rent Control Act before the District Court. He can challenge any subsequent proceedings of the execution court also in accordance with law. If finally, it is found that the proceedings of delivery is illegal or irregular and are set aside for that reason, the petitioner can always apply for restitution under Section 144 of the CPC. We also record the submission of Mr.Jamsheed Hafiz that the petitioner continues to be in possession but we express O.P.(RC)No. 4117 of 2011 3 our inability to endorse that submission in view of what is reported to us by the Registrar. With the above observations, we dismiss the writ petition. PIUS C. KURIAKOSE, JUDGE K.HARILAL, JUDGE ln