IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 449 of 2009(C) ------------------------ AGAINST THE ORDER DATED 6.9.08 IN IA 1156/08 IN RCP.22/2007 of RENT CONTROLLER, CHANGANACHERRY .................... PETITIONER(S): --------------- T.V.ISMAIL, AGED 64 YEARS, S/O.LATE BAVA KUNJU,MEDAYIL RAJ HOUSE, PERUNNA WEST, CHANGANASSERY VILLAGE. BY ADV. SRI.ESM.KABEER SMT.K.M.AMINA BEEVI RESPONDENT(S): --------------- 1. C.R.VIJAYALAKSHMI, VAIKUNDAM HOUSE, 10TH STEET, HARINAGAR HOUSING COLONY, POONKUNNAM VILLAGE. 2. C.R.RAJENDRAN NAIR, VAIKUNDAM HOUSE, 10TH STREET, HARINAGAR HOUSING COLONY, POONKUNNAM VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 449 OF 2009 ============================ DATED THIS THE 6TH DAY OF JANUARY 2009 JUDGMENT Pius C.Kuriakose,J. In this writ petition under Article 227 of the Constitution of India, the petitioner/tenant impugns Ext.P2 order passed by the Rent Control Court, Changanacherry. But we find that Ext.P2 order is an order of summary eviction under Section 12(3) of the Kerala Buildings (Lease & Rent Control) Act, though passed on an interlocutory application. 2. It cannot be said that Ext.P2 is an order of procedural nature. Ext.P2 is a highly consequential order and the petitioner has his remedies of preferring an appeal under Section 18 of the Act against that order. We are not inclined to grant relief in view of the availability of statutory appellate remedies to the petitioner. 3. But Mr.E.S.M.Kabeer, learned counsel for the WPC.449/2009 -2- petitioner, submits that there is every likelihood that the Execution Court will order delivery on 8-1-2009. According to him, if the delivery is ordered, the prospective appeal will become infructuous. Considering the apprehension voiced by the petitioner, even as we are dismissing the writ petition, there will be an observation that the Execution Court will not deliver the petition schedule building till 13-1-2009 to the respondents. Issue copy of this judgment today itself. PIUS C.KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE ks.