IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 OP (RC).No. 1701 of 2011(O) --------------------------- RCP.44/2001 of SUB COURT, TIRUR .................... PETITIONER --------------------- P.P.ABDUL AZEEZ, S/O.MOHAMMED, A.R.NAGAR AMSOM DESOM, TIRURANGADI TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. E.UMMER,S /O.MOHAMMED, NANNAMBRA AMSOM, CHERUMUKKU DESOM, TIRURANGADI TALUK. PIN-676 306. 2. E.ABDUL RAHIMAN, S/O.MOHAMMED, DO. DO. DO. 3. E.ABOOBACKER, S/O.MOHAMMED, DO. DO. DO. 4. E.ABDUL KADER, S/O.MOHAMMED, DO. DO. DO. 5. E.HUSSAIN, S/O.MOHAMMED, DO. DO. DO. 6. E.SHAMSUDDIN, S/O.MOHAMMED, DO. DO. DO. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P.(RC).No. 1701 OF 2011 ------------------------ Dated this the 26th day of May, 2011 JUDGMENT Pius C.Kuriakose, J. This original petition under Article 227 is filed by a tenant, who was evicted from the building in his possession under Section 11(4)(iv) of Act 2 of 2965. It appears that when the landlord failed to re-induct the tenant into the building after reconstruction, the tenant moved the Rent Control Court and the parties arrived at a compromise before the Adalath conducted under the auspices of the Taluk Legal Services Committee. 2. We are told by Sri.K.K.Mohammed Ravuf, learned counsel for the petitioner that E.P. No.153/2010 has been filed for execution/implementation of the award passed by the Adalath. According to the petitioner, on the terms of the award the respondents are liable to pay a sum of Rs.4,75,000/- to the petitioner and the respondents have made only part payment of Rs.1, 00,000/- and the balance amount is agreed to be paid within six months. 3. The grievance voiced by the petitioner is that though OPRC.No.1701/2011 2 months have elapsed and since the award which is dated 13/8/2009, the respondents have not chosen to satisfy the award. We feel that limited relief can be granted to the petitioner even without issuing notice to the respondents and accordingly we dispose of the original petition issuing the following directions; i). The Sub Court, Tirur, which is in seizin of E.P. No.153/2010 in RCP No.44/2001, will dispose of E.P. No.153/2010 in accordance with law at the earliest and at any rate within two months of receiving a copy of this judgment. ii). The petitioner is directed to send a copy of this judgment to the respondents by Registered Post Acknowledgment Due as and when he receives the same. Issue photocopy of the judgment at the earliest. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk