IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 16055 of 2010(F) -------------------------- RCP.5/2009 of MUNSIFF COURT,VARKALA .................... PETITIONER(S): --------------- JAYA SINGH.M., S/O.MADHAVAN, SARALA MANDIRAM, MAIDANAM, VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.ANILKUMAR SRI.A.ARSHA RESPONDENT(S): --------------- SUGANDHI D/O.SADANANDAN,HOUSE NO.TC.716 PRASANTH NAGAR, THIRUVANANTHAPURAM FROM KALLUMALA VEEDU, MUNDAYIL VARKALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No.16055 of 2010 ----------------------------------------------- Dated this the 26th day of May, 2010 J U D G M E N T Pius C.Kuriakose, J. Under challenge in this writ petition under article 226 filed by the tenant who is facing eviction before the Rent Control Court, Varkala in RCP. No. 5 of 2009 is Ext.P3 order. Ext.P3 order, it is gathered was passed by the Rent Control Court invoking it's powers under Section 12(1) and (2). Ofcourse, Ext.P3 contains a finding that towards admitted arrears of rent the tenant petitioner is liable to pay a sum of Rs.19,000/-. Sri.R.Anilkumar, learned counsel for the petitioner would urge before us that the above finding is wrong. According to him, going by the admissions which are made in the statement of objections, the admitted arrears cannot be more than Rs.6000/-. Not that we don't find any force in the submission of Mr.Anilkumar. But we notice that Ext.P3 is only an order under Section 12(1) & WP(C). No. 16055/10 -2- (2). It is always open to the petitioner to show cause as envisaged by Section 12(3) against passage of a summary order under Section 12(3). If the Rent Control Court is not satisfied by the cause shown by the petitioner, the summary order under Section 12(3) may follow. But against that summary order the petitioner will have the remedy of a regular appeal under Section 18. With the above observation we dismiss this writ petition. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/- WP(C). No. 16055/10 -3-