IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34878 of 2009(D) -------------------------- EA.255/09 IN EP. 358/08 IN RCP.21/2007 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER(S): --------------- A.P.SHAJI, S/O.PARAMESWARAN, EZHUKULANGARA VEETTIL, WARD NO.11, CHARAMANGALAM MURI, MUHAMMA, CHERTHALA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- GEETHA, W/O.JAYAPRAKASH, SHAKTHIYIL VEETTIL, TC NO.11/345, KESTON ROAD, KAWADIYAR VILLAGE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ W.P(C).No. 34878 OF 2009 ------------------------ Dated this the 3rd day of December, 2009 JUDGMENT Pius C.Kuriakose, J. We notice elements of genuineness in the grievance voiced by the petitioner/tenant. He was ordered to be evicted by the Rent Control Court on the ground of arrears of rent alone. He preferred RCA No.13/2009 before the Rent Control Appellate Authority, Alappuzha. Since the RCA was not filed on time, he had to file an application for condonation of delay as I.A. No.697/2009. According to Sri.B.Pramod, learned counsel for the petitioner, the learned Appellate Authority has allowed that I.A. and condoned the delay yesterday(2/12/2009). However, the Appellate Authority did not become inclined to stay the proceedings for execution. The Appellate Authority has posted the RCA as well as the petition for stay to 31/12/2009 for hearing and disposal. 2. In the meanwhile, the Execution Court viz. the Principal Munsiff Court, Cherthala, has passed an order of delivery. According to the learned counsel, unless this court intervenes, WPC.No.34878/2009 2 the petitioner will be dispossessed of the petition schedule premises. 3. Having considered the averments in the writ petition and the submissions of Sri.Pramod, we are of the view that limited relief can be given to the writ petitioner even without notice to the respondent imposing suitable conditions. Accordingly, we dispose of the writ petition at this stage itself issuing the following directions; i). The writ petitioner is directed to pay a sum of Rs.15,000/-(Rupees Fifteen Thousand only) towards the rent in arrears as on today either directly to the respondent/landlady or through the landlady's counsel before the Execution Court within 10 days from today and produce receipt before the Execution Court. The Execution Court is directed to adjourn delivery presently scheduled for 7/12/2009 to 15/12/2009. If, on 15/12/2009 when the E.P. is called WPC.No.34878/2009 3 before the Execution Court, that court notices receipt against the payment of the amount of Rs.15,000/- as ordered above, the Execution Court will adjourn the E.P. again to the first week of January 2010. ii). In view of the above directions, there will be a direction to the Rent Control Appellate Authority, Alappuzha to consider and dispose of the petition for stay (I.A. No.698/2009) filed by the petitioner in RCA NO.13/2009 at the earliest and if possible on the day to which the same presently stands posted to. Endeavour will be made to dispose of the RCA itself at the earliest. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk