IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 OP (RC).No. 167 of 2011(O) -------------------------- RCA.6/2010 of D.C. & SESSIONS COURT,KOLLAM RCOP.5/2003 of PRL.M.C., KOLLAM .................... PETITIONER (S): -------------------- ANILKUMAR, S/O. NARAYANAN, UNNIS, MURUNTHAL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- SATHEESAN, S/O. PADMANABHAN, PADMAVILASAM, PRAKKULAM, KOLLAM - 691 602. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P.R.(C)No. 167 OF 2011 ------------------------ Dated this the 13th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. This original petition under Article 227 of the Constitution is filed by the tenant seeking direction to the Rent Control Appellate Authority, Kollam, to issue carbon copy of the order dated 11/1/2011 in I.A. No.362/2010 in RCA No.6/2010 (carbon copy of the order dismissing an application for condonation of the delay caused in the matter of filing the RCA) and for a further direction to keep all proceedings for delivery of the building in abeyance till such carbon copy is received. 2. It is submitted by Sri.Johnson Gomez, learned counsel for the petitioner, that a valid explanation was offered by the petitioner for condoning the delay and that it is without considering that explanation that the learned Appellate Authority dismissed the delay petition and consequently rejected the O.P.R.C.No.167/2011 2 appeal. According to Mr.Gomez, the petitioner intends to challenge the order in the delay petition as well as the order rejecting the RCA before this Court in revision. In the meanwhile, the Execution Court has ordered delivery and if delivery is allowed to take place, the proposed RCR will become infructuous. 3. In the nature of the limited relief that is being given to the petitioner, we feel that it is not necessary to issue notice to the respondent. The Original Petition will stand disposed of issuing the following directions; i). If the petitioner has filed applications for carbon copy of the order dated 11/1/2011 in I.A. No.362/2010 in RCA No.6/2010 and also for carbon copy of the judgment rejecting the RCA on the reason that the delay is not condoned and if those applications are in order, the learned Appellate Authority will ensure that carbon copies are issued to the petitioner at the earliest and at any rate within seven days of the petitioner producing a copy of this judgment. ii). Considering the above direction, we direct the Principal Munsiff, Kollam to keep in abeyance proceedings for delivery of O.P.R.C.No.167/2011 3 the building, which is subject matter of E.P. No.278/2009 in RC (OP) No.5/2003, for a period of 10 days from today. Issue copy today itself. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk