IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 18190 of 2008(M) -------------------------- PETITIONER(S): --------------- MOHAMMED RAJA, RESIDING AT K.V.K. MANZIL MARARIKULAM (N), S.L.PURAM P.O. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA RESPONDENT(S): --------------- 1. SUDHADEVI, RESIDING AT SREEVILASATH, CHANDANAKADAVU, ALAPPUZHA. 2. THE ACCOMMODATION CONTROLLER & THASILDAR, CHERTHALA. ADV. SMT.T.S.MAYA (THIYADIL) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1:COPY OF THE APPLICATION ATED 24/9/2001 FILED BEFORE THE 2ND RESPONDENT BY 1ST RESPONDENT. EXT.P2: COPY OF ORDER DATED 2/4/2008 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE PLAINT AND INJUNCTION ORDER IN O.S.20/2008 PENDING BEFORE THE MUNSIFF ALAPPUZHA. EXT.R1(B): COPY OF THE REPORT OF THE DEPUTY THAHAZILDAR (BT) DATED 9/7/2002 EXT.R1(C): PHOTOGRAPHS IN 19 NUMBERS. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ W.P.(C).No.18190 OF 2008 ------------------------ Dated this the 16thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. Under challenge in this writ petition is Ext.P2 order passed by the Accommodation Controller on an application under Section 17(2) of the Rent Control Act filed by the respondents/tenants. Under Ext.P2 it has been found that the writ petitioner/landlord failed to carry out the periodical repairs and maintenance of the building and that a sum of Rs.25,000/- is estimated to be the amounts necessary for carrying out repairs and maintenance. The respondents are permitted under Ext.P2 to carry out repairs and maintenance and to adjust the sum of Rs.25,000/- towards the rent which is due in respect of the building in question. 2. Smt.Bindu C.G., learned counsel for the writ petitioner and Smt.T.S.Maya, learned counsel for the respondents addressed us in detail. 3. Even though Smt.Bindu impugned Ext.P2 on all the grounds raised in the memorandum of writ petition, only one ground appeals to us. The said ground is that the inspection, on WPC.No.18190/2008 2 the basis of which Rs.25,000/- was fixed as the amount necessary for carrying out repairs, was done without notice to the landlord. Accepting that ground we set aside Ext.P2 and direct the Accommodation Controller to take fresh decision on the following questions, with proper notice to the landlord and on the basis of further inspection. i). What are the repairs and maintenance badly needed by the building in question and what is the total amount to be expended for carrying out them. ii). Whether the respondents are entitled to adjust the above amount towards the rent which is due in respect of the building in question. 4. This court did not become inclined to stay of Ext.P2 and Smt.Maya, learned counsel for the respondents' submission is that all the necessary repairs have been carried out. Since Ext.P2 has been implemented to that effect, we are of the view that the above two questions alone need be looked into and there is no warrant for directing the respondents to restore the status WPC.No.18190/2008 3 quo ante as regards the building in question. Needful in compliance with the above directions shall be done by the Accommodation Controller at the earliest and at any rate within five months of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk