IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 OP (RC).No. 263 of 2011(O) -------------------------- AGAINST THE ORDER IN IA 24/2010 IN RCA.57/2008 of ADDL. DISTRICT COURT, VADAKARA .................... PETITIONER -------------------------- VALIYIL HEMAND KUMAR, S/O.NARAYANAN, VALIYIL HOUSE, MUYIPPOTH AMSOM, VENNAROTTE DESOM, KOYILANDI TALUK, KOZHIKKODE DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): --------------- POOKKANDY MALAYIL MUKUNDAN, S/O.KANARAN, "ROOHITHA", VATAKARA AMSOM, DESOM, VATAKARA TALUK, KOZHIKKODE DISTRICT, PIN-673 101. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P.R.C.No. 263 OF 2011 ------------------------ Dated this the 20th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. Under challenge in this original petition filed by the tenant is Ext.P1 order passed by the learned Rent Control Appellate Authority in I.A. No.24/2010 in RCA No.57/2008. Even though several grounds have been raised challenging the correctness of that order and the learned counsel for the petitioner addressed submissions on all those grounds, we are not inclined to consider the merits of those grounds at present. We find that Ext.P1 order is only an order under Section 12(1) directing the tenant to pay or deposit the arrears of rent admitted by him. If the petitioner does not comply with the above order, he will be given breathing time to show cause against the passage of summary order of eviction (order stopping all proceedings in the appeal and directing immediate eviction). It is open to the petitioner to show cause against the proposed summary order at that juncture. O.P.(RC).No.263/2011 2 In short, there cannot be any legitimate grievance for the petitioner against Ext.P1. In the above view, we decline jurisdiction and dismiss the original petition. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk