E.J.Jose vs The Managing Director on 2 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6635 of 2010(D)


1. E.J.JOSE, S/O.EDAPPILLY JOSEPH,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR, DELICIOUS HOTEL
                       ...       Respondent

2. E.T.SURESH, S/O.THANKAPPAN,

3. T.I.JOSEPH, S/O.ITTIARA,

4. M.K.SUBRAMANIAN, S/O.KUNJAYYAPPAN,.

5. K.V.SUBRAMANIAN, S/O.VELA,

                For Petitioner  :SRI.V.BINOY RAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :02/03/2010

 O R D E R
         PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                  W.P.(C).No. 6635 OF 2010
                      ------------------------

               Dated this the 2nd day of March, 2010

                            JUDGMENT

Pius C.Kuriakose, J.

The 4th respondent/landlord in RCA No.92/2003 presently

pending before the Principal District Court and Rent Control

Appellate Authority, Thrissur is the petitioner in this writ petition

under Article 227 of the Constitution. He prays that the above

RCA be transferred to the Additional District Court and Rent

Control Appellate Authority, Irinjalakuda as the building in

question is situated within the limits of the Appellate Authority at

Irinjalakuda. He has filed Ext.P3 petition before the Principal

District Court and Rent Control Appellate Authority, Thrissur

seeking the very same relief. It is section 22 of the Code of Civil

Procedure which is invoked in Ext.P3. We feel that the apposite

provision may be Rule 17 of the Kerala Buildings (Lease & Rent

Control) Rules. We are sure that the learned Principal District

Court and Rent Control Appellate Authority, Thrissur will invoke

the apposite provision even if the same is not specifically

invoked in Ext.P3, if it becomes necessary.

WPC.No.6635/2010 2

We dispose of this writ petition at this stage itself directing

the Principal District Court and the Rent Control Appellate

Authority, Thrissur to take up Ext.P3 at the earliest , hear both

sides and dispose of the same in accordance with law early and

at any rate before the court closes for mid summer vacation.

Issue copy of the judgment today itself.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
dpk