IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 31191 of 2009(T) -------------------------- AGAINST THE ORDER DATED 26/10/2009 IN IA.1519/2009 IN RCA.8/2009 of DISTRICT COURT, PALAKKAD RCP.34/2007 of ADDL.MUNSIFF COURT, PALAKKAD .................... PETITIONER(S): --------------- AHAMMED THAYYIL, S/O. MOHAMMED ALI, RAINBOW COLOUR LAB, T.B. ROAD, PALAKKAD. BY ADV. SRI.P.C.SASIDHARAN SRI.M.H.HUBAISE RESPONDENT(S): --------------- BHADRA LAKSHMI, W/O. VENKITESH, VENKIDARI, KARIKKARA STREET, KOPPAM AMSOM, PALAKKAD. ADV. SRI.BINOY VASUDEVAN FOR R1 SMT.P.G.BABITHA FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ W.P.(C).No. 31191 OF 2009 ------------------------ Dated this the 3Oth day of November, 2009 JUDGMENT Pius C.Kuriakose, J. This writ petition under Article 227 is filed by the tenant requesting that the time fixed by the Rent Control Appellate Authority under Ext.P3 order for payment of arrears of rent be enlarged and for a further direction that the writ petitioner be not evicted pursuant to the eviction order passed by the Rent Control Court, if the amounts mentioned in Ext.P3 order is paid by the writ petitioner within one month. Noticing the prayers, we passed the following interim order on 3/11/2009. “Not admitted. Issue notice on admission by special messenger. Post on 11/11/2009. In the meanwhile Principal Munsiff's Court, Palakkad which is in seizin of E.P. No.106/2009 in RCP No.34/2007 is directed not to order and effect delivery of the building which is the subject matter of the E.P. subject to the following conditions; The petitioner shall pay a sum of Rs.1,50,000/- either directly or through respondent's Advocate before the Rent Control Appellate Authority, Palakkad on or WPC.No.31191/2009 2 before 11/11/2009 and pay a further amount of Rs.1,40,400/- within fifteen days thereafter. “ 2. Today we are informed that sum of Rs.2,90,400/- was paid pursuant to the order dated 3/11/2009. In view of the above payment, we have heard the arguments of both sides in this writ petition and we are of the view that the writ petition itself can be disposed of issuing the following directions; In view of the submission of both sides that the post of the IInd Additional Rent Control Appellate Authority, Palakkad is presently remaining vacant, we transfer RCA No.8/2009 pending before that Appellate Authority to the Court of Principal Rent Control Appellate Authority, Palakkad. The Principal Rent Control Appellate Authority, Palakkad is directed to register RCA No.8/2009 on its files and to dispose of that RCA in accordance with law on its merits after hearing both sides at the earliest and at any rate within one month of getting the records WPC.No.31191/2009 3 transferred from the IInd Additional Rent Control Appellate Authority, Palakkad. The Writ Petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk