IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22837 of 2009(O) -------------------------- RCA.5/2005 of DISTRICT COURT, ALAPPUZHA RCP.43/2002 of PRINCIPAL MUNSIFF,ALAPPUZHA (EP.164/2007) .................... PETITIONER(S): --------------- KRISHNARJUNAN, AGED 57 YEARS S/O.RAMANATHA REDDIAR, PANACKAL PARAMBIL HOUSE M.O.WARD, ALAPPUZHA. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENT(S): --------------- 1. R.SELVARAJ AMC XVII/444 ,MULLACKAL WARD, ALAPPUZHA. 2. LEELAVATHY AMMAL PANACKAL PARAMBIL HOUSE, M.O.WARD,ALAPPUZHA. 3. SIVAKAMI W/O.LATE RAJAN BABU, ATHULYA APARTMENTS NEAR HOTEL ALANKAR,COIMBATORE-9 4. SIDHARTHAN (MINOR) D/O. RAJAN BABU,ATHULYA APARTMENTS NEAR HOTEL ALANKAR,COIMBATORE-9 5. SWATHI (MINOR) D/O.SIVAKAMI,ATHULYA APARTMENTS NEAR HOTEL ALANKAR,COIMBATORE-9 RESPONDENTS 4 & 5 ARE MINORS, REP BY THEIR NATURAL GUARDIAN THE 3RD RESPONDENT) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ W.P.(C)No.22837 OF 2009 ------------------------ Dated this the 11th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. The grievance of the petitioner, who is landlord of the building which is subject matter of R.C.A. No.5/2005 on the files of the Rent Control Appellate Authority, Alappuzha, is that despite peremptory directions issued by this court in RCR No.151/2009, it has not yet been possible for the appellate authority to decide the RCA on its merits. We are informed that on 18/7/2009, the RCA was dismissed for default since the appellant was absent. But the petitioner submits that the restoration application was readily filed by the appellant and the same is now posted to 18/8/2009. It is submitted by Sri.M.Narendra Kumar, learned counsel for the petitioner, that the landlord will not have any serious objection in restoring the RCA provided the RCA is disposed of on its merits without further delay. In view of the above submission of the learned counsel for the petitioner, we dispose of this writ petition directing the rent WPC.No.22837/2009. 2 control appellate authority to ensure that the RCA is heard and decided on its merits at the earliest and at any rate before the end of the current month August 2009. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk