IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5370 of 2010(U) ------------------------- AGAINST THE ORDER IN IA.11597/09 IN RCP.25/2009 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): --------------- YESODHA THULASEEDHARAN, W/O.THULASEEDHARAN, RESIDING AT T.C.45/1110, NEO STREET, WATTS ROAD, VELANKANNI JUNCTION, VALIYATHURA, VALLAKADAVU.P.O, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADVS. MR. M.R.ANANDAKUTTAN MS. M.A.ZOHRA MR. R.S.MADHU MR. MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- SHERINE FRANCIS ALIAS SHERIN MARY RODRIGUES, W/O.FRANCIS PEREIRA, T.C.45/1105, WATTS ROAD, VELANKANNI JUNCTION, VALIYATHURA, VALLAKKADAVU.P.O, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- WP(C). No.5370 of 2010 ---------------------------------- Dated this the 19th day of February, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Under challenge in this writ petition is Ext.P6 order passed by the Rent Control Court, Thiruvananthapuram on an application filed by the writ petitioner, who was respondent in the Rent Control Petition seeking a reference of the question as to whether the petitioner is having kudikidappu right to the Land Tribunal for adjudication. The learned Rent Control Court under the impugned order (Ext.P6) has taken the view that the building in question is a part of a building and cannot form subject matter of kudikidappu. Accordingly, holding that the question of kudikidappu does not arise, the application was dismissed. We do not propose to examine the merits of Ext.P6. We are of the view that Ext.P6 cannot be branded as an order of a merely procedural nature. That being so, the petitioners may have other statutory remedies against Ext.P6. Relegating the petitioners to those remedies we dismiss this writ petition. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb