IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 OP (RC).No. 3622 of 2011(O) --------------------------- RCA.29/2011 of DISTRICT COURT/RENT CONTROL APPELLATE AUTHORITY, KOLLAM. .................... PETITIONER: -------------------- DHANAPALAN,AGED 55 YEARS, S/O.CHELLAPPAN,THOLIYAR HOUSE,MUNDAKKAL VILLAGE, PROPRIETOR,NEW KEARAL TYRE,NEAR BENZIGER HOSPITAL, KOLLAM. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SRI.K.RAVI (PARIYARATH). RESPONDENT(S): ----------------------------- PARAMESWARAN PILLAI,CHANDRASEKHARAN PILLAI, CHANDRA BHAVAN,VENDAR MURI, PUTHOOR VILLAGE-680 001. BY SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE, BY ADV. SRI B SURESH KUMAR. THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(RC) NO.3622/2011 O APPENDIX PETITIONER'S EXHIBITS: EXT-P1: A TRUE COPY OF THE APPEAL MEMORANDUM IN RCA.29/2011 DATED 4/7/2011 BEFORE THE RENT CONTROL APPELLATE AUTHORITY,KOLLAM. EXT-P2: A TRUE COPY OF THE NOTICE SERVED ON THE COUNSEL APPEARING FOR THE PETITIONER DATED 2/11/2011. EXT-P3: A TRUE COPY OF THE AFFIDAVIT DATED 3/11/2011 FILED IN RCA.24 OF 2011 ON THE FILE OF THE DISTRICT COURT, KOLLAM. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... O.P.(RC)NO.3622 OF 2011 ................................................................... Dated this the 16th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. Sri.P.B. Suresh Kumar, learned senior counsel, points out that it is not correct to say that the learned appellate authority decided the appeal filed by the petitioner on the basis of this Court’s judgment in OP(RC)No.3436/2011. In fact, the appellant in RCA.No.24/2011 (another tenant) had filed transfer petition (TP(OP) No.410/2011) seeking transfer of other two rent control appeals for the purpose of consolidation with RCA.No.24/2011, so that there will not multiplicity of findings and decisions. The above TPOP was allowed and as directed by the District Court, all the parties were given notice that the appeals filed by them (RCA.Nos.24/11,28/11 and 29/11) will be taken up for hearing on 3.11.2011. It is pursuant to that order that the appeals were heard and disposed of. We find force in the submissions of Sri.P.B. Suresh Kumar. At any rate, we do not find any warrant for O.P.(RC)NO.3622 OF 2011 : 2 : invocation of this Court’s supervisory jurisdiction under Article 227 for granting reliefs in the case. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl