IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 31312 of 2009(S) ------------------------------------ PETITIONER: ------------------- ALL KERALA BUILDING OWNERS' ASSOCIATION REGD NO.K 18/08, PALA, REPRESENTED BY ITS PRESIDENT, TOMY EAPEN,AGED 52 YEARS, S/O.LATE EAPEN J.ANCHERIL, ANCHERIL HOUSE, LALAM VILLAGE,KIZHATHADIYOOR KARA,PALA P.O., KOTTAYAM DISTRICT. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENTS: ----------------------- 1. CHIEF SECRETARY, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT DEPARTMENT OF HOUSING,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.31312 of 2009 ------------------------------------------ Dated this the 13th day of November, 2009 JUDGMENT A.K. Basheer, J. Petitioner is stated to be an Association of building- owners in Kerala, having its registered office at Pala in Kottayam District. The grievance of the petitioner-association is that there are serious lacunae and deficiencies in the Kerala Buildings (Lease and Rent Control) Act, 1965, which the Government has been refusing to address, even though several representations were made in this regard. 2. The apex Court as well as this Court on various occasions have stressed the need for incorporation of suitable provisions in the Act so as to ameliorate the grievances of the building-owners while protecting the interests of the tenants. Anyhow, we do not propose to deal with the various contentions raised by the petitioner, at this stage. 3. Obviously the first prayer made by the petitioner W.P.(C) No.31312 of 2009 - 2 - cannot be granted. However, learned counsel points out that the petitioner-association has projected and highlighted all the relevant aspects of the matter in Ext.P5 representation submitted before the respondents seeking immediate necessary action in this regard. He further submits that the petitioner will be satisfied if a direction is issued to the respondents to take appropriate action in the matter in the light of Ext.P5 representation. 4. In the nature of the relief sought for by the learned counsel for the petitioner at the Bar, we are satisfied that the above prayer can be granted. 5. Therefore, the writ petition is disposed of with a direction to respondent No.1 and/or 2 to take an appropriate decision on Ext.P5 representation in accordance with law as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. It shall be ensured by the respondents that an authorised representative of the petitioner-association and all other interested parties, if any, are afforded sufficient opportunity to be heard before any action is taken in the matter. Since the issue W.P.(C) No.31312 of 2009 - 3 - projected in Ext.P5 is a long standing grievance of building-owners all over the State, it will be only just and proper if best attention of the Government is bestowed in the matter and appropriate remedial measures are taken without any delay. Writ petition is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns