IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 13907 of 2006(E) -------------------------- AC.1/2004 of ACCOMMODATION CONTROLLER, VADAKARA .................... PETITIONER(S): --------------- THEKKE THAYYULLATHIL ABDULLA HAJI, S/O.MOIDU HAJI, 56 YEARS, MERCHANT, RESIDING AT AAKKOOL MEETHAL, AROOR AMSOM, PERUMUNDACHERY DESOM VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. KULANGARA VEETTIL CHANDRAN, S/O.KUNHIRAMAN, 44 YEARS, MECHANIC, KUNNUMMAL AMSOM, DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. THE ACCOMODATION CONTROLLER/TAHSILDAR, VADAKARA. ADV. SRI.MOHANAN V.T.K. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER IN A.C.1/04 ON THE FILE OF ACCOMMODATION CONTROLLER, VADAKARA DT.18.3.06. P2: TRUE COPY OF ESTIMATE OF REPAIR WORK BY MIDAS ENGINEERS, KAKKATTIL, DT.NIL. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... W.P.(C) No.13907 of 2006 .................................................................... Dated this the 15th day of October, 2008. JUDGMENT Ramachandran Nair, J. The W.P.(C) is filed challenging the order passed by the Accommodation Controller permitting the first respondent-tenant under the petitioner to carry out repairs of the building and adjust the repair cost from out of rent. Counsel for the petitioner contended that the work permitted by the Accommodation Controller is beyond his powers because it amounts to reconstruction. We are unable to accept this contention because building itself is only a shed and repairs are in the form of replacement of damaged roof portion and side wall portion. However, there is some force in the contention of the petitioner that wiring and other electrical installation in a shed, the cost of which is estimated around Rs.3,500/- is not in the nature of repairs. In any case since the order was passed more than two years back and there was no stay, it is not known whether the first respondent has carried out the repairs and adjusted the rent. If order is already carried out, then the W.P. has become infructuous. However, if work is not done, we feel the petitioner can be entrusted the work of repairs to the building under 2 the supervision of the Accommodation Controller. 2. The W.P. is accordingly disposed of directing the Accommodation Controller to verify whether repairs are carried out and if so, to value the actual work done by the tenant and permit adjustment of actual cost, the proof of which will be furnished by the tenant and not the estimated cost. The Accommodation Controller should give an opportunity to the petitioner to examine the correctness of claim of the tenant about the expenditure incurred for repairs. If there is arrears of rent after adjustment, then it would be open to the petitioner to seek remedy before the authority concerned. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms