IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 7993 of 2009(O) AGAINST THE ORDER IN EP 265/1997 IN OS.455/1994 OF SUB COURT, THALASSERY PETITIONERS: RESPONDENTS : 1. D.P.GAUTHAMAN, S/O.LATE P.KUMARAN, `ASRAMAM', CHOVVA, KANNUR-6. 2. D.A.LAKSHMI, W/O.LATE KUMARAN, PUTHANPURAYIL HOUSE, CHOVVA, KANNUR. BY ADV. SRI.GEORGIE SIMON RESPONDENTS: PETITIONERS: DECREE HOLDERS: 1. C.P.NITHYANANDAN, AGED 68 YEARS, BHAVANI,, P.O. CHOVVA, KANNUR-6. 2. C.P.SAGUNABAI, AGED 66 YEARS, "DHANEESH", NAIRMADAM ROAD, P.O.NALLALAM, MEENCHANDA, KOZHIKODE. 3. P.V.VASANTHA, AGED 64 YEARS, GANGA, P.O.THAZHECHOVVA, KANNUR. 4. C.V.SUDEVAN, AGED 62 YEARS, VASU VILLA, ONDEN ROAD, KANNUR-1. 5. C.P.SATHYAPALAN, AGED 60 YEARS, RAMYAM, P.O.CHALAD, KANNUR-14. 6. C.P.MANOMOHANAN, AGED 58 YEARS, 147, BEML 7TH STAGE, NEAR WATER TANK ROAD, MYLASANDRA, P.O.R.V.COLLEGE, BANGALORE-59. 7. C.P.MANOHARAN, AGED 55 YEARS, P.O.BOX 2813, ALKHOBAR, 31952, K.S.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 7993 OF 2009 O ------------------------------------------------------ Dated this the 13th March, 2009 JUDGMENT The reliefs prayed for in the Writ Petition are the following; “i) issue writ of mandamus or such other writ or order directing the Court below to adjourn the sale for a period of one year; ii) issue writ of mandamus or such other writ or direction directing the learned Sub Court, Thalassery to grant 12 equal monthly instalments to pay of the balance amount.” 2. The petitioners are the judgment debtors. The suit was filed for realisation of rent payable by the petitioners. The petitioners are lessees who are entitled to the protection under Section 106 of the Kerala Land Reforms Act. The rent was not paid. Decree was passed. The decree holders filed E.P.No.265 of 1997, about twelve years back, for realisation of the decree amount. It would appear that the petitioners/judgment debtors did not pay the decree amount except a sum of Rs.80,000/- on 7.2.2009. Even now substantial amount is due from the writ petitioners. The court auction sale of the Leasehold right of the petitioners is to take place today. At that juncture, the Writ Petition is filed with the aforesaid reliefs. W.P.(C) NO. 7993 OF 2009 :: 2 :: 3. I do not think that the petitioners are entitled to invoke the jurisdiction under Article 227 of the Constitution of India, in the facts and circumstances of the case. They had enough opportunity to discharge the decree debt. They did not do so. Execution Petition was filed twelve years before. A lessee under Section 106 of the Kerala Land Reforms Act will get protection from eviction. But he has to pay rent. Rent is revisable in every twelve years. In spite of such a benevolent provision, the writ petitioners have not discharged the primary responsibility cast on them. I do not think that any indulgence is called for. The Writ Petition is dismissed. (K.T.SANKARAN) Judge ahz/