IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 RCRev..No. 207 of 2009() ------------------------ RCA.39/2008 of II ADDL. DISTRICT COURT, TRIVANDRUM RCP.54/2007 of I ADDL.M.C.,TRIVANDRUM .................... REVISION PETITIONERS/APPELLANTS --------------------------------------------------- 1. GOVERNMENT OF INDIA REP.BY THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 2. SENIOR SUPERINTENDENT OF POST OFFICE, THIRUVANANTHAPURAM NORTH DIVISION, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENT(S): RESPONDENT ------------------------- LEELA LAKSHMI AMMA, NANDANA, PETTAH.PO, THIRUVANANTHAPURAAM. BY R.SUNIL KUMAR THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ R.C.R.No. 207 OF 2009 ------------------------ Dated this the 23rd day of September, 2009 ORDER Pius C.Kuriakose, J. The Chief Post Master General is in revision challenging the orders of eviction concurrently passed in respect of the building which houses Pettah Post Office within the area of the Thiruvananthapuram Corporation. Even though Sri.D. Sajeev, learned counsel for the revision petitioner, addressed us very strenuously on the various grounds raised in the memorandum of revision, having gone through the order of the Rent Control Court and the Judgment of the Rent Control Appellate Authority and having guaged them by the para meters applicable to the exercise of the revisional jurisdiction under Section 20, we became convinced that there is no warrant at all for invoking the revisional jurisdiction. Therefore, as his last submission at that juncture Sri.Sajeev submitted that the revision petitioner will be ready and willing to shift the post office to the first floor of the building in question and pave the way for the respondent/ landlady occupying the ground floor presently occupied by the R.C.R..No.207/2009 2 post office for her residential purpose. It was also submitted by him that the Department will be prepared to pay reasonable rent for the first floor premises. In view of that submission, we passed the following order on 9/9/2009. “It is submitted by Mr.D.Sajeev that the revision petitioner will be ready and willing to shift the Post Office to the first floor of the building. He has also submitted that there will not be any serious objections in paying reasonable rent for the first floor. The learned counsel for the respondent Mr.R.Sunil Kumar is directed to seek instructions from his client/landlady as to whether the landlady will be willing for the shifting proposed by the revision petitioner and to receive an amount of Rs.7000/- per month as monthly rent. Post after 1o days. In the meanwhile, the execution court is directed not to order and effect delivery.” 3. Sri.Sunil Kumar, on getting instructions from the landlady, submits that the building is a very old one and will not be able to take the load of large number of people who will be R.C.R..No.207/2009 3 visiting the post office every day. The stand of the landlady appears to be reasonable. Under the above circumstances, we have no other way than to confirm the impugned order granting reasonable time to the revision petitioner to surrender the premises. Sri. Sajeeav would ask for a minimum period of one year. Sri.Sunil Kumar drew our attention to Ext.A6 reply notice and submitted that in Ext.A6 request of the Department was for just six months time and that the above period is already over. We are of the view that in the light of what is stated by the revision petitioner in Ext.A6, we will not be justified in granting more than 9 months time. Accordingly, even as we confirm the impugned order and the judgment, we direct the Execution Court not to order and effect delivery of the petition schedule building till 30/6/2010 subject to the following conditions; The Senior Superintendent of Post Office, Thiruvananthapuram North Division, Thiruvananthapuram, will submit an affidavit before the Execution Court within three weeks from today undertaking to give peaceful surrender of the building to the R.C.R..No.207/2009 4 respondent/landlady on or before 30/6/2010. It will also be undertaken that arrears of rent, if any, will be discharged within one month of the date of filing of the affidavit and that occupational charges at the current rent rate will also be paid without fail till the date of actual surrender. It is made clear that the revision petitioner will be entitled for the benefit of time granted under this judgment only if affidavit as directed above is filed within the time limit. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk