IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9641 of 2008(W) ------------------------- RCP.19/2006 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONERS: ------------ 1. V.GOPAL, AGED 61 YEARS, MANINI, 106 SANTHI NAGAR, SREEKARIYAM, THIRUVANANTHAPURAM AND NOW RESIDING AT 3348, MPONGE CRESCENT KANNI NOOLA, ZAMBIA. 2. VIJAYA GOPAL, WIFE OF GOPAL,AGED 51 YEAR MANINI, 106, SANTHI NAGAR, SREEKARIYAM THIRUVANANTHAPURAM, AND NOW RESIDING AT 3348 MPONGE CRESCENT, KANNI NOOLA, ZAMBIA. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENTS: ------------- 1. SHIKHA AGARWAL, PROPRIETOR AMBA AUTOMOBILES, TC 28/1034(1) TO (4) VIJAYAM TOWERS, THAKARAPARAMBU THIRUVANANTHAPURAM. 2. NARENDRA KUMAR GUPTA BHAVANI AUTO DISTRIBUTORS, TC 28/1304 (5) VIJAYAM TOWERS, THAKARAPARAMBU THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.9641 OF 2008-W -------------------------------------------------------------- Dated this the 24th day of March, 2008. JUDGMENT Balakrishnan Nair, J: The writ petitioners are the landlords and the respondents are the tenants under them. Seeking eviction of the respective premises in the possession of respondents 1 and 2, the petitioners preferred R.C.P.Nos.11/2006 and 19/2006. Those applications were allowed by Ext.P6 common order. The claim under Section 11 (3) was allowed. The claims under Section 11(2) (b) and Section 11(4) (ii) were rejected. Aggrieved by non-consideration of the claim under Section 11(2) (b), the petitioners have filed review petitions Exts.P7 and P8. They were dismissed by Exts.P9 and P10 orders on the ground that those applications were barred by limitation. According to the petitioners, the said finding is untenable. If the time for obtaining the certified copy is excluded, those applications were filed within time. Therefore, they seek interference with those orders. 2. This is a petition filed under Article 227 of the Constitution of WPC.NO.9641/2008 . 2 India. The power under that Article can be exercised only sparingly. We notice that the petitioners have other remedies to redress their grievance under the provisions of the Kerala Buildings (Lease and Rent Control) Act. Therefore, it is unnecessary for this Court to entertain this writ petition. Accordingly, it is dismissed without prejudice to the contentions of the petitioners. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl