IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 OP (RC).No. 629 of 2010(O) -------------------------- RCP.176/2005 of ADDL.MUNSIFF COURT, KANNUR .................... PETITIONER ------------------------ M.K.AJAY, S/O.K.N.NARAYANAN, AGED 34 YEARS, UNICON, OPP.TO CO-OPERATIVE PRESS, SOUTH BAZAR, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- E.V.PADMANABHAN NAIR, S/O.LATE OTHENAN MANIYANI, AGED 71 YEARS, RESIDING AT EEVEE NIVAS, P.O.KOLACHERRY, KANNUR. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ O.P.(RC).No. 629 OF 2010 ------------------------ Dated this the 9th day of November, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this original petition filed under Article 227 is Ext.P1 order of the Rent Control Court, Kannur by which an application filed by the petitioner tenant under Section 11(2) (c) was 'dismissed for default'. We notice that the petitioner tenant did not deposit the balance arrears of rent as was directed by the Rent Control Court on 29/5/2010. Probably it was on the reason of that default that the Rent Control Court passed the impugned order dated 20/8/2010. We do not think that we will be justified in invoking the supervisory jurisdiction of this Court in Article 227 for interfering with Ext.P1. It is for the petitioner to appraise the Rent Control Court by appropriate application as to why he could not comply with the court's order for payment of arrears of rent. Permitting the petitioner to move the Rent Control Court itself, we dispose of the original petition declining the jurisdiction. OP(RC).No.629/2010 2 If the building is not yet delivered over, the Execution Court will keep the proceedings for delivery in abeyance for a period of two weeks. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk