IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 15294 of 2009(F) -------------------------- RCA.20/2009 of ADDL.DISTRICT COURT, KOZHIKODE RCA.25/2009 of ADDL. DISTRICT COURT-II, KOZHIKODE .................... PETITIONER(S): --------------- B.P.ANILKUMAR, AGED 39 YEARS, S/O. VELAYUDHAN, NELLIKODE AMSOM AND DESOM, KOZHIKODE, PROPRIETOR, SARATHI AUTOMOBILES, KP 10/475,KAKKODIMUKKU, KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENT(S): --------------- RATNAVALLY, AGED 41 YEARS, D/O. APPUKUTTY NAIR, W/O. VIJAYAN, CHITTADIPOYIL HOUSE, ERAVANNOOR VILLAGE, KOZHIKODE TALUK. BY SRI.E.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.15294 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. The tenant has filed this petition under Article 227 of the Constitution of India seeking orders extending the time limit fixed by this court under Ext.P1 judgment for the disposal of RCA.No.20/2009 and to consider that RCA along with RCA.No.25/09 which the landlord has filed against the judgment of the Rent Control Court which is impugned in R.C.A.No.20/2009. It is submitted that R.C.A.No.20/09 filed by the tenant is pending before the I Additional District Judge and Rent Control Appellate Authority, Kozhikode while R.C.A.No.25/09 filed by the landlord is pending before the II Additional District Judge and Appellate Authority, Kozhikode. As for the prayer for transfer, it is seen that when two rent control appeals preferred against the same order of the rent control court is pending before two appellate authorities within the jurisdiction of a given District Court, the District Court has the power to order transfer of appeal from the file of one WP(C)No.15294/09 2 appellate authority to that of another appellate authority within its own jurisdiction. We would have normally dismissed the writ petition relegating the petitioner to the District Court concerned. But, since time limit has been fixed by this court in the matter of disposal of R.C.A.No.20/09 under Ext.P1, we invoke the supervisory jurisdiction under Article 227 and dispose of the writ petition issuing the following directions; RCA.No.25/09 pending before the II Additional District Judge and Rent Control Appellate Authority, Kozhikode is transferred to the files of I Additional District Judge and Appellate Authority, Kozhikode to be consolidated with R.C.A.No.20/2009. The First Additional District Judge and Appellate Authority, Kozhikode is directed to take up both appeals together and dispose them of in accordance with law at the earliest and at any rate within three weeks of receiving copy of this judgment notwithstanding the time frame set under Ext.P1. It is made clear that we have not gone into the merits of any of the allegations raised in the writ petition by the petitioner against the respondent. In fact, those allegations were absolutely unnecessary and unwarranted in WP(C)No.15294/09 3 the context of the limited prayers made by the petitioner in the writ petition. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. WP(C)No.15294/09 4