IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 OP (RC).No. 3870 of 2011(O) --------------------------- RCP.217/2010 of PRL.M.C.,KANNUR .................... PETITIONERS (S): -------------------- 1. REGIONAL MANAGER,KERALA STATE CIVIL SUPPLIES CORPORATION LTD, JAIL ROAD, CALICUT. 2. THE MANAGER LABHAM MARKET, FORT LIGHT ANNEXURE KANNUR. BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO RESPONDENT(S): --------------- K.T.HASHIM, S/O.EBRAHIM, AGED 48 NO OCCUPATION, AMINA EBRAHIM MANZIL P.O.THANA, KANNUR-12. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ O.P.(RC).No. 3870 OF 2011 ------------------------ Dated this the 28th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. It appears to us that there is some genuineness in the grievance voiced by the petitioners, the State Civil Supplies Corporation, in this original petition filed under Article 227 of the Constitution. The Rent Control Court, Kannur has passed an ex parte order of eviction under Sub Section (3) of Section 11 against the petitioners. The petitioners have filed Ext.P7 application for setting aside that ex parte eviction order. A separate application seeking condonation of the delay of 84 days, caused in the matter of filing of Ext.P7 application, was also filed. The grievance of the petitioner is that in the meanwhile, the Execution Court has ordered delivery of the building to be effected on 29/11/2011. According to the learned counsel for the petitioners Smt.Molly Jacob, if delivery is effected immediately, Ext.P7 will be rendered infructuous. 2. Having considered the averments in the original petition O.P.(RC)No.3870/2011 2 and the various materials placed on record by the petitioners and the submissions of Smt.Molly Jacob learned counsel for the petitioners, we feel that limited relief can be granted to the petitioners even without issuing notice to the respondent/landlord. Therefore, we dispose of this original petition issuing the following directions; i). The Rent Control Court, Kannur is directed to facilitate disposal of Ext.P7 as well as the application filed seeking condondation of delay in filing Ext.P7 in accordance with law at the earliest and at any rate within three weeks of receiving a copy of this judgment. ii). Considering the above direction, there will be a further direction to the Execution Court (the Principal Munsiff Court, Kannur,) to adjourn all proceedings for delivery of the building in Ext.P6 E.P. till 22/12/2011. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk O.P.(RC)No.3870/2011 3