IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 TR.P(C).NO. 218 OF 2011() -------------------------------------- R.P(BRC) NO.1 OF 2011 OF ADDITIONAL .DISTRICT COURT-I, MAVELIKKARA .................... PETITIONER: ------------------- AZEEM MUHAMMED ANZARI,R/AT.REHAMATHU MANZIL,VERUVALLI BHAGOM MURI,KEERIKADU VILLAGE, KAYAMKULAM,FROM NADUVILE PUTHENVEETTIL, CHIRAKKADAVAM MURI,KAYAMKULAM VILLAGE,NOW R/AT. MALAYIL KIZHAKKETHIL,BAITHANNOOR,PATHIYOOR KIZHAKKUM MURI,PATHIYOOR VILLAGE,KAYAMKULAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.R.SREEDHARAN NAIR SMT.MINI.V.A. RESPONDENT(S): ------------------------- ABDUL HAJI, S/O.HAMEED, RESIDING AT NADUVILE PUTHENVEEDU, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C) NO.218OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- ANNEXURE 1 TRUE COPY OF THE ORDER DATED 11.2.2011 IN E.P. NO.80 OF 2009 IN RCP NO.6 OF 1997 OF THE MUNSIFF COURT, KAYAMKULAM. ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 9.6.2011 IN W.P(C) NO.14896 OF 2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.218 of 2011 ==================================== Dated this the 18th day of July, 2011 O R D E R This petition is for transfer of R.P (BRC) No.1 of 2011 of the court of learned Additional District Judge-I, Mavelikkara. Petitioner got an order for eviction of respondent based on a settlement between the parties, under Section 11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. According to the petitioner, since respondent did not vacate the premises in tune with the compromise, he filed application for execution of the order before the executing court. Respondent raised objections which were ultimately overruled and delivery was ordered. That order is challenged in R.P(BRC) No.1 of 2011 in the court of learned Additional District Judge-I, Mavelikkara. In the meantime, respondent came to this Court with W.P(C) No.14896 of 2011 seeking police protection against forcible eviction. This Court disposed of that Writ Petition as per Annexure-2, judgment dated June 09, 2011. In view of submission made by the learned Government Pleader the Division Bench thought that no specific direction need be issued in the matter. In that proceeding Tr.P(C) No.218 of 2011 -: 2 :- petitioner herein (respondent No.5 in the Writ Petition) sought a direction to the learned Additional District Judge-I, Mavelikkara to expedite disposal of R.P(BRC) No.1 of 2011. The Division Bench observed, “....we are not persuaded to issue any specific directions. But we may observe that any court interested in proper and expedite settlement of unnecessary outstanding disputes must make every attempt to dispose of R.P(BRC) No.1 of 2011 at the earliest. It shall be open to the 5th respondent to make appropriate request before that court”. 2. Grievance of petitioner is that in spite of records of the case being obtained from the executing court and request made by petitioner, R.P(BRC) No.1 of 2011 has not so far been disposed of. It is pointed out that though the case by now had 22 postings, the matter is not disposed of so far notwithstanding that there was a request on the part of petitioner for early disposal of the case in the light of the observations made by the Tr.P(C) No.218 of 2011 -: 3 :- Division Bench in Annexure-2, judgment. The various posting dates of R.P(BRC) No.1 of 2011 are also given in this petition. In the circumstances the request for transfer. Learned counsel submitted that since the matter is urgent and having regard to the circumstances stated the case may be transferred to some other court for a decision. 3. I am not persuaded to think that on the ground pleaded there must be an order for transfer of the case. R.P(BRC) No.1 of 2011 was taken on file by the learned Additional District Judge-I, Mavelikkara and in the absence of compelling reasons the case has to be disposed of by the learned Additional District Judge. 4. I have no reason to think that learned Additional District Judge will disobey the observations made by the Division Bench in Annexure-2, judgment. However having regard to the grievance of petitioner I am inclined to direct the learned Additional District Judge to dispose of the case as early as possible having regard to the observations made by the Division Bench quoted supra and the grievance of petitioner. I make it clear that I am not issuing any direction for time bound disposal of the case in this proceeding in view of the observations made by Tr.P(C) No.218 of 2011 -: 4 :- the Division Bench in Annexure-2, judgment and in this judgment. Resultantly, this Original Petition is disposed of directing learned Additional District Judge-I, Mavelikkara to dispose of R.P (BRC) No.1 of 2011 as expeditiously as possible. THOMAS P. JOSEPH, JUDGE. vsv