IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No.21905 of 2009(G) -------------------------- RCP.2/2007 of RENT CONTROL COURT, TIRUR .................... PETITIONER(S): ----------------- MULIYATHIL AYISHA UMMA, W/O.KODASSERY MOHAMMEDKUTTY, TIRUR AMSOM, PAYYANANGADI DESOM, TIRUR TALUK, MALAPPURA DIST. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------- 1. VINEESHKUMAR, S/O.APPUKUTTAN, KOTTAKKAL AMSOM DESOM, ERNAD TALUK, MALAPPURAM DIST. 2. VIJEESH, S/O.APPUKUTTAN, KOTTAKKAL AMSOM DESOM, ERNAD TALUK, MALAPPOURAM DIST. 3. MOHAMMED FAROOQ, S/O.KODASSERY MOHAMMEDKUTTY, TIRUR AMSOM, PAYYANANGADI DESOM, TIRUR TALUK, MALAPPURAM DIST. 4. ABDUL GAFOOR @ NASAR, W/O.KODASSERY MOHAMMEDKUTTY, TIRUR AMSOM, PAYYANANGADI DESOM, TIRUR TALUK, MALAPPURAM DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ W. P. C. No.21905 of 2009 ------------------------------------------------ Dated this the 3rd day of August, 2009 JUDGMENT Pius C. Kuriakose, J Under challenge in this Writ Petition filed under Article 227 of the Constitution of India is Ext.P7. Under Ext.P7 order, the Rent Control Court has allowed a petition filed by the petitioner and her son for setting aside the order of eviction passed against them ex parte on condition that the petitioners in this Writ Petition pay a sum of Rs.5,000/- as cost. It is argued by Mr.C.M.Mohammed Iqubal, the learned counsel for the petitioner that the amount of cost imposed by the Rent Control Court is excessive and highly disproportionate to the negligence, if any, on the part of the petitioners in prosecuting the case delinquently. W. P. C. No.21905 of 2009 -2- According to the learned counsel, the subject matter of the case is a small room and that even the monthly rent of the premises is only Rs.260/-. Even though the learned counsel for the petitioner addressed persuasive submissions, we do not find any warrant for invocation of the visitorial jurisdiction of this Court under Article 227 of the Constitution of India on Ext.P7. At the same time, since the submission of the learned counsel regarding the present financial position of the petitioner appealed to us to a certain extent, even as we decline jurisdiction, we direct the Rent Control Court to permit the petitioners to pay the amount of Rs.5,000/- imposed as cost in monthly instalments of Rs.2,000/- payable on 10/08/09 and Rs.1,500/- each payable respectively on 10/09/09 and 10/10/09. It is clarified that any default on the part of W. P. C. No.21905 of 2009 -3- the petitioners in paying the instalments as permitted above will result in forfeiture of the instalment benefit granted under this judgment. This Writ Petition is disposed of subject to the above directions. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-