IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30650 of 2008(W) -------------------------- RCP.85/2007 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER(S): --------------- E.K.PRAKASHAN, AGED 44 YEARS, S/O.APPUKUTTY, EATHIKANDI HOUSE, PERAMBRA AMSOM DESOM, KOYILANDI TALUK. BY ADV. SRI.BOBY MATHEW RESPONDENT(S): --------------- K.KUSUMA DEVI, AGED 68 YEARS, DAUGHTER OF NARAYANA BELLAR, "SREELATHA", KASBA AMSOM DESOM KOZHIKODE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.30650/2008-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of October, 2008. J U D G M E N T Raman, J. The petitioner is a tenant against whom eviction proceedings instituted by the landlord are pending before the Rent Control Court. Eviction is sought under Sections 11(3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (for short, 'the Act'). An Advocate Commissioner was appointed, who has filed a report in R.C.P.No.85/2007(Ext.P3). The petitioner filed his objection seeking to set aside the Commissioner's Report, and seeking for re-measurement of the shop room made mention of in the Commissioner's Report. The Rent Control Court by Ext.P5 order declined to accede to the request made by the petitioner holding that the measurement of the shop room is not at all required for disposal of the Rent Control Petition. According to the petitioner, there are other objection also raised in the Commission Report which has not been considered by the court below. So long as the court W.P.(C). No.30650/2008 -:2:- below has only referred to the relief of the measurement of the shop room, we make it clear that if there are any other objections, it is open to the petitioner to raise all such objections before the court below, in which event the court below will consider all such objections before it finally decides the matter. Since we are only leaving open the right of the petitioner to raise all such objections, it is not necessary to issue notice to the other side. The writ petition is disposed of as above. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms