IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 OP (RC).No. 551 of 2010(O) -------------------------- OPRCA.13/2008 of ADDL.SESSIONS COURT (ADHOC)III, MANJERI .................... PETITIONER --------------------- PATHUMKMAKUTTY ALIAS FATHIMA, W/O.ATHIMANNIL KUNHIMOHAMMED, MANJERI AMSOM DESOM, ERNAD TALUK, MANJERI P.O., MALAPPURAM-676 121. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- PUTHUPARAMBAN HAMZA, S/O.UNNEEN, BAHARIN HOUSE, VALLIKKAPATTA AMSOM DESOM, P.O.VALLIKKAPATTA, PERINTHALMANNA TALUK, MALAPPURAM-679 324. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ O.P.(RC).No. 551 OF 2010 ------------------------ Dated this the 3rd day of November, 2010 JUDGMENT Pius C.Kuriakose, J. The prayer in this original petition submitted by the landlady, a senior citizen, is that RCA No.13/2008 presently pending before the Rent Control Appellate Authority Manjeri (Fast Track Court NO.III, Manjeri) be disposed of early either by the said court or by any other appellate authority at Manjeri. 2. It is submitted by Mr.K.M.Sathyanatha Menon, learned counsel for the petitioner, that presently there is no presiding officer in Fast Track Court No.III. Under the above circumstances, we do not think that it is proper to direct the said appellate authority to dispose of the RCA early. According to us, the petitioner will have to move the Principal District Court, Manjeri by appropriate application under Rule 17 of the Kerala Buildings Lease & Rent Control Rules, so that the appeal is first transferred to a court where there is a presiding officer. It is open to the petitioner to appraise the learned District Judge of O.P.(RC).No.551/2010 2 necessity to have an early disposal of the RCA No.13/2008 as the petitioner is a senior citizen. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk