IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 7074 of 2010(H) ------------------------------ RCRP.1/2009 of SUB COURT, PALA OP.(BRC).7/2005 of RENT CONTROL (MUNSIFF) COURT, PALA .................... PETITIONER(S): ------------------ JAYAN PADINJARAYIL, BUILDING NO.391, WARD NO.8, PALA MUNICIPALITY, LALAM KARA, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): -------------------- 1. ANNAMMA JOHN, W/O. JOHN, KATTAKKAYATH HOUSE, LALAM KARA, LALAM VILLAGE, MEENACHIL TALUK. 2. RANI, D/O. JOHN, KATTAKKAYATH HOUSE, LALAM KARA, LALAM VILLAGE, MEENACHIL TALUK. 3. SWANI, D/O. JOHN, KATTAKKAYATH HOUSE, LALAM KARA, LALAM VILLAGE, MEENACHIL TALUK. 4. SHEELA, D/O. JOHN, KATTAKKAYATH HOUSE, LALAM KARA, LALAM VILLAGE, MEENACHIL TALUK. ADV. SRI.SHAJI P.CHALY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.7074 of 2010 ------------------------------------------------ Dated this the 7th day of April, 2010 JUDGMENT Pius C. Kuriakose, J Sri.M.P.Madhavankutty, the learned counsel for the petitioner submitted that RCA.51/05 which is filed against the order of the Rent Control Court fixing the fair rent of the building at Rs.870/- was dismissed by the Appellate Authority. He submitted further that the petitioner will abide by the above judgment and will not pursue the matter further in revision to this Court. We record the above submission. 2. According to Mr.Madhavankutty it was mainly due to a mistake committed by the W. P. C. No.7074 of 2010 -2- Munsiff's Court, Pala that the 11(2) petition which was filed by the petitioner was entertained by that court and numbered as E.A. He referred to the maxim Actus curiae neminem gravabit and submitted that the party may not be made to suffer for wrong committed by the court. The entire amount due as on date as per the fair rent fixed by the Rent Control Court together with interest was deposited and the Rent Control Court passed Ext.P9 order on being convinced regarding the sufficiency of the deposit. Counsel submitted that any reasonable condition may be imposed by this Court for regularising Ext.P9. 3. The request of Mr.Madhavankutty is opposed by Sri.S.P.Chaly. However, on our W. P. C. No.7074 of 2010 -3- suggestion it was agreed by Mr.Chaly that if the petitioner is prepared to pay monthly rent with effect from 01/05/10 at the rate of Rs.1,000/- per mensem and also the cost ordered as payable under Ext.P9, there will not be serious objection to relief being granted to the petitioner. Mr.Madhavankutty submitted that the petitioner is ready and willing to pay monthly rent to the respondents with effect form 01/05/10 at the rate of Rs.1,000/- per mensem. Under the above circumstances, we dispose of the Writ Petition issuing the following orders. Ext.P11 will stand set aside and Ext.P9 will stand regularised and confirmed subject to the following conditions:- W. P. C. No.7074 of 2010 -4- 1) The petitioner shall pay monthly rent to the respondents at the rate of Rs.1,000/- with effect from 01/05/10. 2) Petitioner shall pay the sum of Rs.500/- ordered as per Ext.P9 to the respondents either directly or through the respondents' counsel in this Court within seven days from today. 3) The petitioner will pay a sum of Rs.1,000/- to the High Court Legal Services Committee within seven days from today. 4) Arrears after the date of deposit till date will also be paid (at the present rate) within three weeks from today. Receipt against payment of both the amounts will be produced before the execution court when W. P. C. No.7074 of 2010 -5- the court re-opens after mid-summer vacation. We make it clear that if any of the above conditions are not complied with, Ext.P11 will continue to operate and it will be open to the respondents to continue with the execution proceedings. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-