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 19TH OCTOBER 2011 / 27TH ASWINA 1933 OP (RC).No. 3340 of 2011(O) -------------------------- RCP.189/1978 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM .................. PETITIONER : ------------------- G. NARAYANA PILLA, S/O.GOVINDA PILLA, AGED 87, RESIDIGN AT T.C. 34/101, PAZHAVANGADI, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU HARIHARAN RESPONDENT(S): ------------------------- 1. MR.MURUKESHAN, KIZHAKKEMADOM, VIRAKUPURAKOTTA, FORT, THIRUVANANTHAPURAM, PIN - 695 047. 2. AMMU AMAL VIJAYALEKSHMI, RESIDING AT -DO- -DO- , PIN -695 047. BY ADVS. SRI. L. MOHANAN SMT. LIGEY ANTONY THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 19/10/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP (RC).No. 3340 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE MUNSIFF COURT ORDER DT. 27/01/2005 IN EP 323/04. EXT.P2 : COPY OF THE COMMISSION REPORT. EXT.P3 : COPY OF ORDER IN EA 229/05 IN EP 323/04 DT. 16-12-05. EXT.P4 : COPY OF THE ORDER DATED 12-06-06 IN CRP 316/06. EXT.P5 : COPY OF THE ORDER OF THE DISTRICT COURT IN RCRP 4/06. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- O.P (RC).No.3340 of 2011 ------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Grievance voiced by the petitioner who is evicted in execution of an eviction order passed by the Rent Control Court under Section 11(4)IV is that the room which was given to him in satisfaction of right of re-induction under the proviso to Section 11(4)IV) was having an extent of 16 Sq.Ft. as against the extent of 450 Sq.Ft. which was the extent of the building which he had surrendered to the landlord. Mr.L.Mohanan, who was the counsel for decree holder before the court below has taken notice as directed by us. He submitted that the key of the present premises to which the petitioner has been re-inducted was handed over in the open court and the same was received without any demur by the petitioner. On that basis the execution proceedings were closed. It is not open to the petitioner to re- agitate the issue in the form of an original petition under Article 227. OP(RC).3340/11 -2- 2. The submissions of Mr.Mohanan are technically strong. But we feel that the question whether the complaint of the petitioner that he was duped and defrauded by the landlord who handed over the keys of a building having an extent of 16 sq.ft. only requires to be considered by the execution court. We therefore permit the petitioner to move the execution court by appropriate application within a period of 3 weeks from today. If any such application is filed voicing the grievances voiced in this writ petition by the execution court, that court will entertain the application and take a decision of the same with notice to the decree holder after holding such enquiry as is necessary. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb