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 22ND JUNE 2011 / 1ST ASHADHA 1933 OP (RC).No. 1970 of 2011(O) -------------------------------- RCA.54/2009 of II ADDL. DISTRICT COURT, KOZHIKODE RCA.58/2009 OF III ADDL. DISTRICT COURT, KOZHIKODE RCP.141/2007 of PRL.M.C.-I, KOZHIKODE. .................... PETITIONERS --------------- 1. RAZIYA, D/O.MOIDEENKOYA, 1/1075, P.O.WEST HILL, KACHERI AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT. 2. ZAREENA, D/O.MOIDEENKOYA, 1/1075, P.O.WEST HILL, KACHERI AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT. 3. JASMIN, D/O.MOIDEENKOYA, 1/1075, P.O.WEST HILL, KACHERI AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENT(S): ------------------- 1. M/S.BRIGHT METALS, 10/167, G.H.ROAD, MUTHALAKULAM, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT-673001, REPRESENTED BY ITS MANAGING PARTNER, PATTARA BALANARAYANAN. 2. PATTARA BALANARAYANAN, S/O.GOPALAN NAIR, MANAGING PARTNER, M/S.BRIGHT METALS, 10/167, G.H.ROAD, MUTHALAKULAM, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT, PIN-673 001. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 22/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ O. P. (RC) No.1970 of 2011 ------------------------------------------------ Dated this the 22nd day of June, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners/landlords have filed this Original Petition seeking transfer of RCA.54/09 pending before the II Additional Rent Control Appellate Authority, Kozhikode and RCA.58/09 pending before the III Additional Rent Control Appellate Authority, Kozhikode so that both these RCA appeals can be decided by one and the same Appellate Authority. 2. Having considered the averments in the Original Petition and the submissions addressed before us by Smt.Resmi Damodaran, the learned counsel for the petitioners, we feel that the request for transfer is justified. But according to us, it is the District Court, Kozhikode which O. P. (RC) No.1970 of 2011 -2- is to be moved. Rule 17 of the Kerala Buildings (Lease and Rent Control) Rules confers adequate powers on the District Court in a situation like the present one. We permit the petitioners to move the District Court and we are sure that the Principal District Judge, Kozhikode who is taking charge on the 27th instant will pass proper orders on the application at the earliest. 3. In the meanwhile, the concerned Appellate Authority is directed not to take up RCA No.58/09 on 27th though the same is posted for hearing in the special list. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- O. P. (RC) No.1970 of 2011 -3-