IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 OP (RC).No. 4082 of 2011(O) --------------------------- AGAINST THE ORDER IN IA 1192/2011 IN RCA.33/2011 of DISTRICT COURT, THRISSUR .................... PETITIONER/PETITIONER APPELLANT/RESPONDENT IN RCP(S): -------------------- JOHNSON, S/O. THOMAS, CHIRAYATH ELAMTHULLI HOME ELAMTHURUTHY, KUTTANELLUR THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL SMT.T.RESMI DAMODARAN RESPONDENT(S):/RESPONDENTS - RESPONDENTS/PETITIONER IN RCP --------------- 1. ANTONY, S/O. MATHEW, CHIRAYETH HOME, MISSION QUARTERS, CHEMBAKKARA VILLAGE, THRISSUR PIN 685 001. 2. GEORGE, S/O. JOSEPH CHIRAYETH HOME, MISSION QUARTERS, CHEMBKKARA VILLAGE THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ O.P.(RC) NO.4082 OF 2011 ------------------------ Dated this the 13th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. Under challenge in this original petition filed by the tenant, who is the appellant in RCA No.33/2011 on the files of the Rent Control Appellate Authority Thrissur, is the order of the Rent Control Appellate Authority in I.A. No.1192/2011 by which the learned Appellate Authority has dismissed the application for enlargement of time for complying with the condition imposed by the Appellate Authority for granting stay. The condition imposed by the Appellate Authority was that the entire arrears of rent shall be deposited within a period of one month of the date of the order. By Ext.P5, I.A. No.1192/2011 is dismissed giving reasons that the time has already extended ( expired ?) and that there is no sufficient ground for granting further extension. 2. Even though apparently attractive grounds have been raised in the original petition and Sri.Gijo Paul learned counsel for the petitioner addressed further submissions based on those O.P.RC No. 4082 /2011 2 grounds, we do not find any warrant for invocation of the visitorial jurisdiction of this court under Article 227 of the Constitution on Ext.P5. Visitorial jurisdiction is not invoked for correcting each and every wrong order passed by the Subordinate Judicial Authorities. As for Ext.P5, we do not find any illegality either about the same. 3. We decline jurisdiction and dismiss the original petition. However, there will be a direction to the Rent Control Appellate Authority, Thrissur to expedite the hearing and disposal of RCA N0. 33/2011 and to ensure that the above RCA is disposed of in accordance with law early and at any rate within one month of receiving a copy of this judgment. Considering the submission of Sri.Jijo Paul that there is every likelihood of the Execution Court ordering delivery on 17th instant, we direct the Execution Court to defer passing order of delivery at least till 17/1/2012. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk O.P.RC No. 4082 /2011 3