IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 23559 of 2009(L) -------------------------- RCP.18/1997 of PRL.M.C., KOLLAM .................... PETITIONER(S): --------------- ARIFA BEEVI,KADIYAKOVIL THEKKATHIL, NJARAKKAL CHERRY,THRIKKADAVOOR VILLAGE,KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): --------------- HARILAL,CHAKKANTHAZHIKATHU PUTHEN VEEDU, NJARAKKAL CHERRY,THRIKKADAVOOR VILLAGE. SRI.P.B.SURESHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ WPC No.23559 OF 2009 ------------------------ Dated this the 28th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. Having regard to the averments in the writ petition and the submissions addressed at the Bar by Sri.K.Subashchandra Bose, learned counsel for the writ petitioner and Sri.P.B.Sureshkumar, learned counsel , who has taken notice for the respondent as directed by us, we are of the view that there is justification for allowing this writ petition. Accordingly, this writ petition is allowed issuing the following directions; i). Ext.P5 order is set aside. ii). Ext.P3 petition is allowed. Iii). The Execution Court is directed to receive the affidavit filed by the writ petitioner on 4/6/2009 in the light of the deposit of the entire arrears WPC.No. 23539/2009 2 of rent by the petitioner as per Ext.P4 receipt. The writ petition will stand allowed, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk