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 31ST MAY 2011 / 10TH JYAISHTA 1933 OP (RC).No. 1692 of 2011(O) --------------------------- IA.1740/2011 IN RC(OP) No. 37/06 OF RENT CONTROL COURT, KOLLAM PETITIONER ------------------------------ B.RAVIKUMARAN PILLAI, 49 YEARS, KALLIYIL THEKKATHIL,THEKKE VEEDU ARUNOOTIMANGALAM CHERY, MANGAD VILLAGE BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. MALIK MOHAMMED, S/O.SYED MOHAMMED, PUTHUVEETIL PURAYIDOM,MANAKADU CHERRY, VADAKKEVILA CHERRY & VILLAGE, KOLLAM TALUK-601010 2. SAYED MOHAMMED BASHEER, LINOS COLONY, MUNDAKAL CHERY, MUNDAKAL VILLAGE, KOLLAM-691010 3. ANILKUMAR, S/O.BHARAGHAVAN PILLAI, KALLIYIL THEKKATHIL,THEKKE VEEDU, ARUNOOTIMANGALAM CHERRY, MANGAD VILLAGE, KOLLAM-691015 ADV. SRI.GEORGE VARGHESE THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- OP(RC). No. 1692 of 2011 ----------------------------------------------- Dated this the 31st day of May, 2011 J U D G M E N T Pius C.Kuriakose, J. This original petition under Article 227 of the Constitution has been filed by the tenant who was evicted from a building pursuant to order of eviction passed under Section 11(4)(iv) seeking re-induction in terms of the third proviso to Section 11(4)(iv). Sri. P. Pratheesh, learned counsel for the petitioner submits that his client filed IA. 508 of 2011 on 27-1-2011 and the respondent landlord filed counter to that I.A. upon receiving notice. Mr. Pratheesh is unable to tell us when exactly the counter was filed. We assume that the counter was filed in March 2011. Ext.P3 is the order passed by the Rent Control Court in an application filed by the petitioner seeking advancement of the hearing of I.A. Under Ext.P3, the application was dismissed observing that the I.A. stands already posted to 4-6-2011. OP(RC) No. 1692/11 -2- We do not find any justification for the tenant to invoke the visitorial jurisdiction of this Court seeking for direction relating to expeditious disposal of I.A. 508/11. The above I.A. stands posted to 4-6-2011. In the above I.A. an enquiry will have to be conducted by the Rent Control Court. We are sure that the Rent Control Court will dispose of the above I.A. after holding all necessary enquiries in accordance with law at the earliest. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-