IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 19473 of 2009(D) -------------------------- ( E.A.NO.175/09 AND EA.NO.176/09 IN E.P.NO.164/2001 IN RC(OP) NO. 27 OF 1997 OF MUNSIFF COURT, KOLLAM) PETITIONER(S): PETITIONERS ( 8 TH AND 11TH J.Ds) --------------- 1. SUBRAMANYAN PILLAI, MANAGER, M/S.K.V.MANGARAM & COMPANY, CHAMAKKADA, HOSPITAL ROAD, KOLLAM,. 2. R.RADHAKRISHNAN, S/O.RAMAKRISHNA PILLAI, PADMA BHAVAN, KOTTAKKAKOM WARD, KOLLAM. BY ADV. SRI.C.P.KUNJHIKANNAN RESPONDENT(S): RESPONDENTS/PETITIONERS & RESPONDENTS 3 TO 11 ----------------------------------------------- 1. SHAMSAR JIHAN, D/O.MUHAMMED KUNJU, HONEY DEW, T.C.3/49, MUTTADA, THIRUVANANTHAPURAM. 2. M,RAJEES JIHAN, D/O.MUHAMMED KUNJU -DO- 3. JAWAHAR, KHAJA BEEDI MERCHANT, HOSPITAL ROAD, CHAMAKKADA, KOLLAM. 4. GEORGE ABRAHAM, S/O. P.V.ABRAHAM, RESIDING AT PATTERI VEEDU, THEVALLY, KOLLAM. 5. BEENA, D/O. P.V.ABRAHAM -DO- 6. ISSAC, S/O.P.V.ABRAHAM, -DO- WPC.NO.19473/09 7. SHERRY K.MATHEW, ROYAL COFFEE WORKS, CHAMAKKADA, KOLLAM. 8. ROYAL COFEE WORKS (A PARTNERSHIP FIRM) REP.BY ITS MANAGING PARTNER, SHIBU K.MATHEW, RESIDING AT KAKKUZHIYIL HOUSE, MUTTAMBALAM, DEVALOKA, POST, KOTTAYAM, 9. SUHRA BEEVI, W/O.YOONUS KUNJU, AGED 45 RESIDING AT NOUSHAD MANZIL, THRIKKADAVOOR, MURUNTHAL. 10. P.A.PHILIP,.PHILIP MUSIC, CHAMAKKAD, KOLLAM, RESIDING AT SARATHY QUARTERS, CHERUMOODU, VELLIMON. 11. PRABHAKARAN, MANAGER, KHADI CO-OPERATIVE SOCIETY, HOSPITAL ROAD, CHAMAKKADA, KOLLAM RESIDIDNG AT ASHOK BHAVAN, PALAKKAL MURI, THEVALAKKARA VILLAGE. ADV. SRI.RAJA VIJAYARAGHAVAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.19473 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. The grievance which is voiced by the revision petitioner/tenant against whom an order of eviction is concurrently passed on the ground under Clause 4 of Sub Section 4 of Section 11, is that he is going to be evicted even though the landlord decree holder does not have current valid building permit to carry out the proposed reconstruction. 2. Sri.Raja Vijayaraghavan, learned counsel for the respondent submits that this is a case where the Rent Control Court and the Appellate Authority were convinced that the landlord was possessed of an approved plan and building permit. He conceded that the validity period of the permit has expired . But according to him, application for renewal is already submitted to the local authority and the landlord is optimistic of getting the renewal granted by the local authority. We do not find any reason to doubt the correctness of the WPC.No.19473/09 2 submission made by Sri.Raja Vijayaraghavan. We dispose of the writ petition directing the execution court not to order and effect delivery before the decree holder convinces that court by producing documentary material that his application for renewal of the building permit is granted by the local authority. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. WPC.No.19473/09 2