IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 153 of 2009(R) ------------------------ RCA.16/2008 of DISTRICT COURT, MANJERI .................... PETITIONER(S): --------------- CHERACHAMVEETTIL MALIYEKKAL JAMEELA, D/O.KUNHON, MALIYEKKAL HOUSE, THRIPPRANGODE AMSOM, DESOM TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- ABOOBACKER, S/O.KUTTIPPARAMBIL KUNHEEN, THIRUNAVAYA AMSOM, EDAKKULAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & HARUN-UL-RASHID, JJ. ------------------------ W.P.(C)No.153 of 2009 ------------------------ Dated this the 2nd day of January, 2008 JUDGMENT In this writ petition, the petitioner land lord seeks early disposal of R.C.A No.16/2008 filed by the respondent against the order of eviction passed by the rent control court on grounds under Sections 11 (2), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act 1965. According to the petitioner, the respondent who is the appellant before the appellate authority, did not contest the RCP and hence there is every justification for disposing of the appeal early. We note that the RCA was filed only in August 2008 and the statutory time frame was over only recently. The Rent Control Appellate Authority it appears is not taking up the RCA filed by the respondent in view of the pendency of earlier instituted rent control appeals. Since the appeal is directed against an order passed without contest, in all probability, the ground which is prominently raised by the respondent is that he should be given WPC.No. 153/2009 2 an opportunity to contest the matter. The petitioner's apprehension is that, keeping the RCA pending before the court below indefinitely will result in further delay and that apprehension was some basis in view of the nature of the order appealed against. Nevertheless we do not think that we will be justified in directing the court below to dispose of R.C.A. 16/2008 immediately. It is always open to the petitioner to move the Rent Control Appellate Authority itself for an early disposal of the R.C.A. If any application in that regard is filed, the Rent Control Court will pass early orders in that application. With the above observations, this writ petition will stand dismissed. PIUS.C.KURIAKOSE,JUDGE HARUN-UL-RASHID, JUDGE dpk