IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 OP (RC).No. 3040 of 2011(O) --------------------------- RCA.53/2011 of DISTRICT COURT, THALASSERY EP.31/2010 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER S): -------------------- SARADA, WIDOW OF DECEASED CHENGATTU PUTHAN PURAYIL BHASKARAN, AGED 76 YEARS RESIDING AT THRICHAMBARAM, TALIPARAMBA P.O. KANNUR DISTRICT. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): --------------- 1. PARON PUTHAN PURAYIL SAYYID HABEEB THANGAL, S/O, MUTHUBEBI, AGED 40 YEARS, DHARUL SADATH, NIJATTUVAYAL ROAD, P.O. TALIPARAMBA 670 141. 2. PAROL PUTHIYA PURAYIL ATTAKKOYA THANGAL, S/O .MUTHUBEEBI, AGED 36 YEARS, DARUL SADATH, NJATTUVAYAL ROAD, P.O, TALIPARAMBA 670 141. 3. C.P.JEEVANAND, AGED 58 YEARS, RESIDING AT THRICHAMBARAM, TALIPARAMBA P.O. KANNUR DISTRICT. 4. C.P.SATHYANAND, AGED 51 YEARS, RESIDING AT THRICHAMBARAM, TALIPARAMBA P.O. KANNUR DISTRICT. 670141. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ O.P.(R.C)No. 3040 OF 2011 ------------------------ Dated this the 22nd day of September, 2011 JUDGMENT Pius C.Kuriakose, J. A tenant below aged 76 years has filed this original petition under Article 227 of the Constitution seeking a direction inter alia to the Rent Control Appellate Authority, Thalassery, to consider and dispose of Exts.P2 and P3 applications at the earliest. The Rent Control Court passed an ex parte order of eviction against the petitioner. She filed an application to set aside the ex parte order along with the separate application for condoning the delay. Both these applications were dismissed by the Rent Control Court. Ext.P1 appeal was preferred by her to the Rent Control Appellate Authority. As Ext.P1 appeal was not filed on time, she filed Ext.P2 petition for condonation of the delay of 50 days. Apart from that, she filed Ext.P3 petition for stay of execution. The petitioner submits that even as Exts.P1, P2 and P3 are pending, the Execution Court is likely to order OPRC.No.3040/2011 2 delivery on 10/10/2011. 2. Having regard to the averments in the Original Petition and the submissions addressed before us by the learned counsel for the petitioner and in view of the limited nature of the relief that is being granted, we are of the view that the original petition can be disposed of even without issuing notice to the respondents. 3. The Rent Control Appellate Authority, which is in seizin of Exts.P1 to P3, is directed to take up Exts.P2 and P3 and dispose of Exts.P2 and P3 and (if possible Ext.P1 appeal also) in accordance with law at the earliest and at any rate within one month of receiving a copy of this judgment. At any rate order should be passed within the above time limit on Ext.P3. In view of the above directions, we direct the Munsiff Court, Taliparamba, which is in seizin of Ext.P4 Execution Petition, not to order or effect delivery of the building in question till 24/10/2011. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk OPRC.No.3040/2011 3