IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 6635 of 2010(D) ------------------------- RCA.92/2003 of DISTRICT COURT, THRISSUR .................... PETITIONER(S): --------------- E.J.JOSE, S/O.EDAPPILLY JOSEPH, IRINJALAKUDA VILLAGE, DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, DELICIOUS HOTEL (PVT.)LTD,TANA, IRINJALAKUDA. 2. E.T.SURESH, S/O.THANKAPPAN, ELLIKKAL HOUSE, THANISSERY, IRINJALAKUADA. 3. T.I.JOSEPH, S/O.ITTIARA, THEKKETHALA HOUSE, CHANDAKUNNU, IRINJALAKUDA. 4. M.K.SUBRAMANIAN, S/O.KUNJAYYAPPAN,. MUTHUPARAMBIL HOUSE, EDATHIRINJI, IRINJALAKUDA. 5. K.V.SUBRAMANIAN, S/O.VELA, KARAYIL HOUSE, PAYAMMAL, ARIPALAM PO, IRINJALAKUDA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 6635 OF 2010 ------------------------ Dated this the 2nd day of March, 2010 JUDGMENT Pius C.Kuriakose, J. The 4th respondent/landlord in RCA No.92/2003 presently pending before the Principal District Court and Rent Control Appellate Authority, Thrissur is the petitioner in this writ petition under Article 227 of the Constitution. He prays that the above RCA be transferred to the Additional District Court and Rent Control Appellate Authority, Irinjalakuda as the building in question is situated within the limits of the Appellate Authority at Irinjalakuda. He has filed Ext.P3 petition before the Principal District Court and Rent Control Appellate Authority, Thrissur seeking the very same relief. It is section 22 of the Code of Civil Procedure which is invoked in Ext.P3. We feel that the apposite provision may be Rule 17 of the Kerala Buildings (Lease & Rent Control) Rules. We are sure that the learned Principal District Court and Rent Control Appellate Authority, Thrissur will invoke the apposite provision even if the same is not specifically invoked in Ext.P3, if it becomes necessary. WPC.No.6635/2010 2 We dispose of this writ petition at this stage itself directing the Principal District Court and the Rent Control Appellate Authority, Thrissur to take up Ext.P3 at the earliest , hear both sides and dispose of the same in accordance with law early and at any rate before the court closes for mid summer vacation. Issue copy of the judgment today itself. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk