IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No.5037 of 2010 (D) ------------------------------- AGAINST THE ORDER IN IA.25/10 & IA.2116/09 IN RCA.39/2009 of ADDL. DISTRICT COURT-II, TRIVANDRUM RCP.33/2007 of ADDL.M.C. (RENT CONTROL),TRIVANDRUM .................... PETITIONER(S): ----------------- M.K.SUBAIR ALI, S/O.KUNJALI,AGED 55 YEARS, MANGALATHARA VEEDU, CHULOOR PO, THRISSUR DISTRICT. BY ADV. SRI.S.SAJU SRI.P.M.SHAMEER RESPONDENT(S): ------------------- A.NOUSHAD, AGECD 27 YEARS, S/O.ABDUL AZEEZ, N.S.MANZIL, T.C.41/2445 UDHAYA COMPOUND, MANACAUD, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.5037 of 2010 ------------------------------------------------ Dated this the 17th day of February, 2010 JUDGMENT Pius C. Kuriakose, J The tenant is the revision petitioner in this Writ Petition filed under Article 227 of the Constitution of India. He challenges Exts.P5 and P6 orders of the Rent Control Appellate Authority. Under Ext.P5, the learned Rent Control Appellate Authority granted stay subject to the condition that the petitioner pays to the respondent/ landlord the entire arrears of rent as alleged by the landlord in the RCP i.e. from May, 2006 within two weeks and shall continue to pay the rent which falls due subsequently till the termination of W. P. C. No.5037 of 2010 -2- the proceedings in the RCA. The arrears of rent directed to be paid came to Rs.1,98,000/-. It is seen that the petitioner had already deposited a sum of Rs.25,000/- before the Rent Control Court towards arrears of rent in October, 2008 and pursuant to Ext.P5, he paid a sum of Rs.73,000/- to the respondent. Thus, a balance amount of Rs.1 lakh remains to be paid as per the statement filed before the Appellate Authority by the counsel for the landlord. On a rough calculation, we notice that the arrears of rent presently due from the petitioner to the respondent will be Rs.1,04,500/-. Ext.P6 order is passed by the Appellate Authority on an application submitted by the petitioner for enlargement of time to comply with conditions in Ext.P5. Under Ext.P6, the learned Authority has W. P. C. No.5037 of 2010 -3- directed that the entire arrears be paid on or before 14/01/2010 failing which the order of stay granted under Ext.P5 will stand vacated. 2. Having heard the submissions of Sri.Saju S. Nair, the learned counsel for the petitioner, we feel that limited relief can be granted to the writ petitioner even without notice to the respondent by passing an order which will safeguard the interest of the respondent/landlord also. Accordingly, we dispose of the Writ Petition at this stage itself issuing the following directions:- 3. Exts.P5 and P6 will stand stayed until the RCA is finally disposed of by the Rent Control Appellate Authority on condition that the Writ Petitioner pays a sum of Rs.54,500/- to the respondent either directly or through his Advocate W. P. C. No.5037 of 2010 -4- in the court below on or before 17/03/2010. The appeal will be called by the learned District Judge on 18/03/2010 and if it is revealed that payment as ordered above is already made, the learned Appellate Authority will take up the appeal (if the same is ripe for hearing), hear both sides and dispose of the appeal at the earliest, and at any rate, within a month thereafter. If the condition imposed above is not complied with by the petitioner, Exts.P5 and P6 will continue to operate. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-