IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 OP.No. 29273 of 2002(I) ----------------------- PETITIONER(S): --------------- 1. M/S. DINESH STORES, 9/1098, M.A.ROAD, KOZHIKODE-1, REP.BY ITS PARTNER DHIRAJLAL HEMCHAND. 2. KIRTI DHIRAJLAL, DINESH STORES, 9/1098, M.A.ROAD, KOZHIKODE -1. BY ADV. SRI.ANIL SIVARAMAN SRI.M.AJITH RESPONDENT(S): --------------- 1. K.V.KADEESABI, 16/223, KUMATTY VEEDU, IDIYANGARA ROAD, KOZHIKODE-1. 2. THE ACCOMODATION CONTROLLER, THASILDAR, KOZHIKODE. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN FOR R2 SRI.C.P.MOHAMMED NIAS FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE RECEIPTS. EXT.P2: COPY OF THE NOTICE DATED 12/5/92. EXT.P3: COPY OF THE REPLY NOTICE DATED 18/6/1992. EXT.P4: COPY OF THE PETITION NO. AC.1/96 PREFER A PETITION BEFORE THE 2ND RESPONDENT UNDER S. 17(2) OF THE KERALA BUILDINGS ( LEASE AND RENT CONTRL) ACT. EXT.P5: COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 2/8/2000 IN RC. NO.1/96. EXT.P6: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P. NO. 18165/2002. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ O.P.No.29273 OF 2002 ------------------------ Dated this the 14thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. Under challenge in this Original Petition filed under Article 226 is Ext.P5 order of the Accommodation Controller holding that the petition filed by the tenants under Section 17(2) is not maintainable in view of the reason that the building in question is a wakaf building and outside the purview of the Rent Control Act. 2. Having gone through Ext.P5 and having considered the submissions addressed at the Bar, we are of the view that there is no warrant at all for invocation of the constitutional jurisdiction of this court for judicial review for interfering with Ext.P5. We also notice that the building is admittedly 150 years old and going by the case of the petitioners, the same was in a dangerously dilapidated condition. Lack of enthusiasm on the O.P.No.29273/2002 2 side of the petitioners to have an early disposal of the OP is also significant. The Original Petition is dismissed. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk O.P.No.29273/2002 3 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ O.P.No.29273 OF 2002 ------------------------ JUDGMENT 14th September,2009