IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 8889 of 2005(G) ------------------------- PETITIONER: ----------------- LALITHA, S/O. LATE SANJEEVA NAIK, UDDEKERI, HOSABETTU VILLAGE, MANIYAMPARA, KASARAGODE TALUK. BY ADVS. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENTS: --------------------- 1. ACCOMMODATION CONTROLLER & TAHSILDAR, KASARAGODE. 2. M.VIMALA, S/O. DUGAPPA MOOLYA, GUDDEKKERI, HASABETTU VILLAGE, P.O.MANJESWAR, KASARAGODE TALUK. RESPONDENTS 3 TO 6 ARE IMPLEADED. 3. RAJEEVI, W/O. LATE M. VITTALA, GUDDEKERI, HOSBETTU VILLAGE, POST MANJESWAR, KASARAGOD TALUK. 4. NIRMALA, D/O. LATE M. VITTALA, GUDDEKERI, HOSBETTU VILLAGE, POST MANJESWAR, KASARAGOD TALUK. 5. PRADEEP, S/O. LATE M. VITTALA, GUDDEKERI, HOSBETTU VILLAGE, POST MANJESWAR, KASARAGOD TALUK. 6. PRAVEEN, S/O. LATE M. VITTALA, GUDDEKERI, HOSBETTU VILLAGE, POST MANJESWAR, KASARAGOD TALUK. (R3 TO R6 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED 2ND RESPONDENT AS PER ORDER DATED 11.9.07 IN I.A.NO. 1310/06) BY ADV. SRI.M.V.BOSE FOR R2,3 GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 8889/05 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A TRUE COPY APPLICATION FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT UNDER SECTION 17(2) OF ACT 2 OF 1965. EXHIBIT P2 : A TRUE COPY OF THE COUNTER FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 : A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No. 8889 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T The challenge is on Ext.P3 order passed by the Accommodation Controller, whereby the petitioner/landlord was directed to attend to the periodical maintenance and necessary repair works. The main grievance of the petitioner is that there was no notice. It is seen from the impugned order that the petitioner herself is staying in one portion of the building. Be that as it may, in case the maintenance referred to in the order has not been carried out so far, there will be a direction to the petitioner to carry out the same within two months from the date of production of a copy of the judgment; if not it will be open to the respondents to carry out the maintenance and adjust the expenses against the rent payable to the petitioner. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.8889 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.