IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 OP (RC).No. 611 of 2011(O) -------------------------- RCA 36/05 OF THE RENT CONTROL APPELLATE AUTHORITY, IRINJALAKUDA RCP.8/2003 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER: -------------------- YATHEENDRANATH, S/O.CHAKRATH MANIKKAN, PERUMBADAPPU DESOM, CHENTHRAPPINNI, KODUNGALLUR, THRISSUR DIST. BY ADV. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): --------------- 1. THANOJA, D/O.POOKOYA THANGAL, NADUVINGAL, KAIPAMANGALAM, KODUNGALLUR, PIN-680 681. 2. SAABITHA, D/O.POOKOYA THANGAL, NADUVINGAL, KAIPAMANGALAM, KODUNGALLUR, PIN-680 681. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- O.P.(R.C.)No.611 of 2011 ---------------------------------------------------- Dated this the 11th day of February, 2011 Judgment Pius C.Kuriakose, J. The grievance which is voiced by the petitioner/tenant is that even though Ext.P3 application filed by him for restoration of R.C.A.No.36 of 2005 is pending before the Rent Control Appellate Authority, Irinjalakuda against the order of eviction passed by the Rent Control Court, the learned Munsiff is going ahead with the execution proceedings. The submissions of Mr.K.S.Rajesh, learned counsel for the petitioner before us was that unless the learned Rent Control Appellate Authority is directed to expedite Ext.P3 restoration application and Ext.P4 application for impleadment, the petitioner stands the risk of being evicted by the execution court. Even though Mr.K.S.Rajesh was very appealing in his submissions, we do not think that any case has been made out for invocation of the supervisory jurisdiction of this court under Article 227 of the Constitution for issuing directions to the Rent Control Appellate Authority or to the learned Munsiff in this case. It is for the petitioner to apply O.P.(RC)No.611/11 2 the Rent Control Appellate Authority to the gravity of the situation and to persuade that Authority to pass interim orders keeping in abeyance proceedings for execution, if the learned Appellate Authority is unable to dispose of Exts.P3 and P4 and the main R.C.A. immediately. We direct the petitioner to approach the Rent Control Appellate Authority for appropriate reliefs. We are sure that if the learned Appellate Authority is appraised of the gravity of the situation, the learned Appellate Authority will expedite matters and pass appropriate orders on Exts.P3 and P4 and any other petition which the petitioner may file before the Appellate Authority. The O.P. is disposed of as above. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd Issue copy today itself. O.P.(RC)No.611/11 3