IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37633 of 2008(E) -------------------------- RCP.11/2007 of MUNSIFF COURT,ALUVA .................... PETITIONER(S): --------------- A.K.ABDUL JABBAR, SPANISH TRAVELS, AMC NO.VII/776, OPP.RAILWAY STATION, ALUVA-683 101. BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): --------------- SOORAJ, S/O.KOLLARA RAMAKRISHNAN, ANITHA BHAVAN, KARIKAMURI CROSS ROAD, KARITHALA DESOM. ADV. SRI.S.SREEKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... W.P.(C) No.37633 of 2008 .................................................................... Dated this the 1st day of January, 2009. JUDGMENT Ramachandran Nair, J. The W.P. is filed challenging an interim order passed by the Rent Controller declining to send back the Commissioner to enquire into certain matters raised by petitioner herein pertaining to availability of additional rooms to the landlord which according to petitioner, will take care of the needs of the landlord. We have heard counsel appearing for both sides. We do not think there is any need to send the Commissioner again for enquiry on matters raised by the petitioner as of now because after recording the evidence of the petitioner in the R.C.P., the Rent Controller is free to appoint another Commissioner, if requested by the tenant and if found necessary by the court. During evidence the petitioner can question the building owner about availability of other rooms and if the latter admits facts, case could be proceeded without any commission report on admitted facts. We close 2 the W.P. with the above observation and leaving freedom to the Rent Control Court to appoint another Commissioner, if required. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms