IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 OP (RC).No. 858 of 2011(O) -------------------------- PETITIONER ------------------------------ K.V.MATHEW, S/O.ULAHANNAN, PROPRIETOR, MATHA PRINTERS, AMC NO.XVII/1154, MULLACKAL, ALAPPUZHA, RESIDING AT KURACHIRIL, THATHAMPPILLY, ALAPPUZHA. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.LIJO KURIAN JOSE RESPONDENT(S): --------------- P.SANKARANARAYANAN, S/O.PADMANABHA IYER, SREEBHAVANAM, AMMANKOVIL STREET, MULLACKAL, ALAPPUZHA-688 001. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P.(RC).No. 858 OF 2011 ------------------------ Dated this the 1st day of March , 2011 JUDGMENT Pius C.Kuriakose, J. This original petition under Article 227 is filed by the tenant seeking direction to the Rent Control Court, Alappuzha to try and dispose of RCP No.85/2004, a petition for eviction under sub section (3) of Section 11, jointly with RCP No.7/2011, a petition for fixation of fair rent under section 5. 2. Even though apparently attractive grounds have been raised and Sri.O.V.Maniprasad, learned counsel for the petitioner addressed very persuasive submissions citing the judgment of this court in Abdul Azeez v. Sankaran(2002 (1) KLT 613), we do not find any warrant for invocation of the visitorial jurisdiction of this court under Article 227 to issue directions sought for to the Rent Control Court. According to us, there is no warrant for jointly trying an eviction petition under Section 11(3) with a OPRC.No.858/2011 2 petition for fair rent fixation under Section 5. The Original Petition will stand dismissed in limine. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk