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 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8073 of 2009(D) ------------------------- RCA.30/2007 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER(S): --------------- C.CHANDRAN,S/O.SUKUMARAN,AGED 48 YEARS, TC 2/653(2),CHALAKUZHY ROAD, MEDICAL COLLEGE.PO, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENT(S): --------------- SARASWATHY AMMA,THEKKEKKARA PUTHEN VEEDU CHERUKARAKONAM, CHALAKUZHY ROAD, MEDICAL COLLEGE.PO, THIRUVANANTHAPURAM. BY ADV.SMT.M.HEMALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 8073 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. Smt.M.Hemalatha enters appearance on behalf of the respondent. We have heard Sri.D.Sajeev, learned counsel for the petitioner and Smt.M.Hemalatha. Under challenge is Ext.P3 order of the rent control appellate authority. Ext.P3 is passed in I.A.No.238/2009, a petition which was filed by the landlady/respondent invoking Section 12 of Act 2 of 1965 for a direction to the revision petitioner to deposit the entire arrears of rent together with interest from the dates of respective default. 2. The ground prominently raised in the writ petition is that the appellate authority was not correct in directing payment of interest also since Section 12 does not mandate payment of interest. The ground appears to be fairly strong in view of the language of Section 12. However, we do not propose to decide the issue whether in a proceeding under Section 12, the tenant is liable to pay interest also, in this writ petition. This writ petition according to us can be disposed of WPC.No.8073/09 2 considering the interest of both sides issuing the following orders : The petitioner is directed to pay a sum of Rs. 1,15,000/- ( rupees one lakh fifteen thousand only) which is admittedly due from him towards arrears of rent on or before before 03/04/2009. The appellate authority will advance the hearing of the rent control appeal to 04/04/2009 and if on that day, it is revealed that the petitioner has made the deposit as directed above, the appellate authority will ensure that the rent control appeal is heard and disposed of on merits within three weeks of the court re-opening after mid-summer recess. If on the contrary, it is revealed on 04/04/2009 that payment as directed above has not been remitted by the revision petitioner, the impugned order will continue to operate and the rent control appellate authority shall pass orders consequential to Ext.P3 immediately i.e. before the court closes for mid-summer. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. WPC.No.8073/09 2