IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 OP (RC).No. 2051 of 2011(O) --------------------------- AGAINST THE ORDER IN OS.304/2011 OS.303/2011 of ADDL.M.C.,KOZHIKODE-I .................... PETITIONER ------------------------- M.SREEDHARAN,S/O.UNNIKKUTTY, AGED 72 YEARS,R/AT VALIYAPARAMBATH HOUSE, CHETTIKULAM,ELATHUR PO,ELATHUR VILLAGE AND DESOM, KOZHIKODE TALUK ,PIN 673 303. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): --------------- 1. AYISSABI,AGED 59 YEARS,D/O.KUNHIKOYA, R/AT ARAFA,PO ELATHUR,PIN 673 303,ELATHUR AMSOM DESOM,KOZHIKODE TALUK. 2. BHASIHAN ALIAS ASIYA,AGED 39 YEARS, D/O.ABDURAHIMAN HAJI,R/AT ARAFA, PO ELATHUR, PIN 673 303,ELATHUR AMSOM DESOM,KOZHIKODE TALUK. 3. N.SAKEENA,AGED ABOUT 45 YEARS, D/O.ABDURAHIMAN HAJI,R/AT ARAFA, PO ELATHUR, PIN 673 303,ELATHUR AMSOM DESOM,KOZHIKODE TALUK. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P.(RC).No. 2051 OF 2011 ------------------------ Dated this the 29th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. This original petition invoking Article 227 of the Constitution is filed by the petitioner/tenant seeking the following reliefs; i). Direct the Accommodation Officer, Kozhikode to permit the petitioner to repair the upper roof of the building forthwith pending consideration of Exts.P1 and P2 suits. ii). Declare that the petitioner is entitled to continue in occupation and enjoyment of the building till the disposal of Exts.P1 and P2 suits. 2. Ext. P1 suit is filed by the respondents/landlords seeking to restrain the petitioner from carrying out repairs and other construction works in the building. Ext.P2 suit is filed by the petitioner himself seeking injunction against the landlords from forcefully evicting the petitioner. In the original petition the petitioner alleges that the landlords have removed upper portion O.P.(RC).No.2051/2011 2 (the roof) of the building as a result of which rained water is sweeping into the petition schedule premises. The petitioner has already filed Ext.P5 application under Sections 13 and 17(2) of the Act 2 of 1965 seeking appropriate reliefs from the Accommodation Controller. 3. Sri.Rajesh Nambiar, learned counsel for the petitioner submitted that unless interim orders are passed permitting the petitioner to repair the upper roof of the petition schedule building forthwith, it will be extremely difficult for the petitioner to carry on business in the petition schedule building. 4. We have gone through the averments in the original petition and we have considered the submissions of Sri.Rajesh Nambiar. We do not think that the Accommodation Controller is a Tribunal as contemplated by Article 227 of the Constitution though the same is exercising quasi judicial powers. Thus, the original petition invoking Article 227 may not be maintainable in law. It may not be possible to invoke the provisions of Article 226 either as we notice all the respondents are private parties only. We find it difficult to grant any of the prayers in the original petition. At the same time, since we are informed that O.P.(RC).No.2051/2011 3 Ext.P5 petition is pending before the Accommodation Controller, we direct the Accommodation Controller to expedite Ext.P5, considering the emergent situation as projected in this original petition, and to take an early decision on Ext.P5 in accordance with law. If interlocutory application seeking emergent interim orders is made by the petitioner before the Accommodation Controller appropriate orders should be passed on that application. As the parties are already before the Civil Court and are represented by the advocates, the Accommodation Controller can consider serving notice on the respondents through their advocates appearing for them in the Civil Court. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk