IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP (RC).No. 3433 of 2011(O) --------------------------- RCA.23/2011 of D.C & SESSIONS COURT,TRIVANDRUM RCP.23/2010 of PRL.M.C.,TRIVANDRUM .................... PETITIONER (S): -------------------- G.PRAKASH, PROPRIETOR, HOTEL ARIAS, T.C.9/676 VELLAYAMBALAM, SASTHAMANGALAM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON SMT.M.S.KIRAN SMT.KAVYA P.PRASAD RESPONDENT(S): --------------- K.PARAMESWARAN NAIR, S/P. KRISHNA PILLAI RESIDING AT NILAMEL VEEDU, VATTIYOORKAVU, THIRUVANANTHAPURAM 695002 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ O.P.(RC).No.3433 OF 2011 ------------------------ Dated this the 25th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. In this original petition under Article 227 of the Constitution the petitioner/tenant ,who is the appellant in R.C.A. No.23/2011 on the files of the Rent Control Appellate Authority Thiruvananthapuram, seeks extension of time to comply with the conditions imposed by the Appellate Authority in its order passed in the stay petition filed in the appeal on 20/10/2011. The order passed in the stay petition has been extracted in paragraph 5 of the original petition and we extract the same again as follows; "Heard. Petitioner shall deposit Rupees One Lakh within one week from today out of the balance amount. The appellant is directed to deposit Rs.2 Lakhs within three months from today. The entire balance shall be deposited within six months from today". O.P.R.C.No.3433/2011 2 2. On reading through the order, we informed Sri.Harish R.Menon, learned counsel for the petitioner that it is the landlord who should be aggrieved by the above order as the learned Appellate Authority has granted six months to pay the arrears of rent found by the Rent Control Court to be due. Mr. Harish's response was that the petitioner is aggrieved only by the first part of the order under which the petitioner is directed to deposit Rs. 1 Lakh within one week from 20/10/2011. 3. Having regard to the various grounds raised in this original petition and the submissions of Mr.Harish R.Menon and taking into account the limited nature of the relief which is being given to the petitioner, we feel that the original petition can be disposed of even without issuing notice to the respondent. In our opinion, issuing notice to the respondent is likely to delay the matter further to the detriment of the landlord. 4. The Original Petition will stand disposed of issuing the following directions; The order dated 20/10/2011 passed in Ext.P5 stay petition will stand modified to the limited extent of enlarging the time for paying the first installment of Rs. 1 Lakh payable under that O.P.R.C.No.3433/2011 3 order till 5/11/2011. In all other respects, the above order will stand confirmed. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk