IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22895 of 2010(J) -------------------------- RCP.77/2009 of I ADDL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- K.K.AJUMAL, S/O.C.B.KHADERKUTTY AGED ABOUT 30 YEARS, KADAMANATTU PARAMBIL KANJIRAMATTOM PO, AMBALLOOR VILLAGE,KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- E.J.KURIAKOSE, AGED 73 YEARS, S/O.JOHN, EDAMNA HOUSE, FRIENDS COLONY THIRUVANKULAM VILLAGE, KANAYANNUR TALUK ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.C.No. 22895 OF 2010 ------------------------ Dated this the 22nd day of July, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this writ petition is Ext.P1 order under which the learned Rent Control Court has directed the petitioner/tenant to discharge the arrears of rent found to be admitted together with interest at the statutory rate of 6% within a period of four weeks from the date of the order and further directed him to pay the rent which falls due thereafter also. We are of the view that it is too early for the petitioner to approach this Court. Ext.P1 order is only an order under Section 12(1)& (2) of Act 2 of 1965. The writ petitioner can, if and when a summary order of eviction is passed under Section 12(3) on the reason that there is no compliance with Ext.P1 order and no cause is shown against a summary eviction order challenge that summary order by a regular appeal under Section 18. Leaving that remedy open to the petitioner and permitting WPC.No.22895/2010 2 him to urge the various grounds that he has raised in this writ petition in the above prospective appeal, we dispose of this writ petition without examining the merits of the grounds. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk