IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 24497 of 2010(J) -------------------------- RCP.62/2005 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): --------------- P.DEVASAHAYAM, RESIDING AT T.C.25/3069, MOOKAMBIKA BUILDING, VANCHIYOOR, THIRUVANANTHAPURAM-695 035. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENT(S): --------------- G.SUDHAKARAN NAIR, RESIDING AT T.C.25/3068, MOOKAMBIKA BUILDING, VANCHIYOOR, THIRUVANANTHAPURAM-695 035. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 24497 OF 2010 ------------------------ Dated this the 17th day of August, 2010 JUDGMENT Pius C.Kuriakose, J. The grievance which the petitioner/tenant has voiced in this writ petition is that Ext.P4 petition, which he had filed before the Rent Control Court for initiating proceedings under Section 340 of the Crl.P.C. against the respondent/landlord for having perjured before the Rent Control Court, is not disposed of. The learned Rent Control Court was asked to inform as to when at the earliest they will be able to dispose of the same. By letter dated 5/8/2010, the learned Rent Control Court says that Ext.P4 was posted along with the RCP and that the RCP was dismissed on 11/4/2007. The Rent Control Court says further that against the order dismissing the RCP, the landlord preferred an RCA and that RCA was allowed. It is not clear from the learned Rent Control Court's letter as to whether Ext.P4 was also dismissed. 2. Sri.R.S.Kalkura, learned counsel for the writ petitioner submits that no separate orders are passed by the learned Rent WPC.No.24497/2010 2 Control Court on Ext.P4. We are of the view that Ext.P4 is a separate proceeding which ought to have been disposed of by the learned Rent Control Court irrespective of the result of the main RCP. If, as a matter of fact, Ext.P4 is remaining undisposed as Mr.Kalkura says, the learned Rent Control Court will take up Ext.P4, enquire into the same and dispose of the same in accordance with law at the earliest and at any rate within one month of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk