IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10474 of 2009(D) -------------------------- RCA.5/2007 of DISTRICT COURT, PALAKKAD RCP.8/2003 of PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONER(S): --------------- MOHAMMED NAZER, S/O. K.P. HAMZA HAJI, AGED 47 YEARS, NETHIRIMANGALAM AMSOM DESOM, OTTAPPALAM TALUK, PALAKKAD DIST. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT(S): --------------- 1. P.VISWANATHAN, AGED 43 YEARS, RESIDING AT PERUMANDIYOOR AMSOM AND DESOM, OTTAPPALAM TALUK, PALAKKAD DIST. 2. MUHAMMEDALI , AGED 41 YEARS, S/O. KOPPATH PARAMMEL HAMZA HAJI, 3. AFSAL, AGED 29 YEARS, S/O. KOPPATH PARAMMEL HAMZA HAJI, 4. SUBAIDA, AGED 43 YEARS, D/O. KOPPATH PARAMMEL HAMZA HAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C)No.10474 OF 2009 ------------------------ Dated this the 31st day of March, 2009 JUDGMENT Pius C.Kuriakose, J. It appears to us that there is an element of genuineness in the grievance voiced by the revision petitioner landlord. In respect of a double storied building, he has initiated proceedings for eviction on the ground under clause (iv) of sub section (4) of Section 11 and sub section (3) of Section 11. The proceedings initiated by the petitioner regarding the ground floor is pending before this court in RCR No.203/2006. The present RCP (RCP No.8/2003) is instituted invoking the same ground in respect of the first floor portion. The prayer of the petitioner is that till such time the rent control revision pending before this court in respect of the ground floor is disposed of, the proceedings in RCP No.8/2003 be kept in abeyance lest the RCP 8/2003 should be dismissed on the ground that the landlord is yet to obtain eviction order in respect of the ground floor portion. But, the supervisory jurisdiction of this court under Article 227 is not to be invoked in each and every case. The petitioner is yet to file an WPC.No.10474/2009 2 application before the Rent Control Court invoking the inherent powers of that court to keep in abeyance the proceedings in the RCP No.8/2003 till such time the rent control revision pending before this court is disposed of. We therefore, dispose of this writ petition directing the petitioner to file an interlocutory application before the Rent Control Court seeking appropriate orders and approach this court if only he is unsuccessful. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk