IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11054 of 2009(B) -------------------------- RCP.21/2007 of MUNSIFF COURT, TIRUR .................... PETITIONER(S): --------------- P.SUNIL, S/O. PADATIL CHANDRAN, PADATIL HOUSE, POST PACHATTIRI, TIRUR TALUK, MALAPPURAM DIST. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. DR. MUHAMED HASSAN BABU, S/O. DR. P.V.A.K. BAVA, POST THRIKKANDIYUR, TIRUR, MALAPPURAM DIST. 2. P. SUDHEESH, S/O. PADATIL CHANDRAN, PADATIL HOUSE, POST PACHATTIRI, TDIRR TALUK, MALAPPURAM DIST. ADV. SRI.K.RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 11054 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of April, 2009 JUDGMENT Pius.C.Kuriakose, J. Sri.K.Ramachandran entered appearance on behalf of the respondent/landlord and filed a detailed counter affidavit. We have heard Sri.C.M.Mohammed Iqbal, learned counsel for the petitioner and Sri.K.Ramachandran in detail. It is not disputed that the building in question has been delivered over to the respondent. What remains is only the formal recording of the delivery by the execution court. Sri.Ramachandran did not dispute the submission of Sri.Mohammed Iqbal that stock in trade belonging to the petitioner/tenant is kept in the building by the Amin. Sri.Ramachandran submitted that huge amounts are due to the landlord towards arrears of rent. He also submitted that the electricity connection to the building has been cut off due to the non-payment of electricity charges by the respondent/tenant. 2. Having considered the submissions we are of the view that if the entire arrears of rent is paid by the petitioner, the goods which according to him are kept by the Amin in the petition schedule building WPC.No.11054/09 2 itself even after delivery can be returned to him. We therefore dispose of the writ petition issuing the following directions; The petitioner is permitted to pay the entire arrears of rent which has fallen due in respect of the petition schedule building to the respondent/landlord within three weeks from today. Once the execution court is convinced that the entire arrears of rent is discharged, that court will pass appropriate orders thereby ensuring that the stock in trade of the petitioner said to be kept in the building is released to the petitioner so that he can carry on business in some other premises. If Exts.P4 and P5 are pending before the rent control court, that court will dispose of Exts.P4 and P5 in accordance with law at the earliest and at any rate within three months of receiving copy of this judgment. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. WPC.No.11054/09 3