IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 OP (RC).No. 2848 of 2011(O) --------------------------- x) RCP.11/2011 of ADDL.M.C.,KOZHIKODE-I .................... PETITIONER ------------------------------ ROSHAN KYNADI ,AGED 48 YEARS, S/O.LATE P.J.MANUEL,R/AT VILLA NO.74,SKYLINE MEADOWS,CIVIL STATION PO, VENGERI AMSOM AND DESOM CALICUT 673 020. BY ADV. SRI.P.R.VENKETESH SRI.P.C.CHACKO(PARATHANAM) RESPONDENT(S): --------------- SEBY ALAPATT,S/O. ITTIACHAN,AGED 44 YEARS,R/AT VARKEY BHAVAN,LOURDEPURAM,THRISSUR 680 001. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: x). THE RCP NUMBER 11/2011 IS CORRECTED AS RCP NO.71/11 VIDE ORDER DATED 27/9/11 IN I.A. 15112/11 IN OP (RC) NO.2848/11.) PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ O.P.R.C.No. 2848 OF 2011 ------------------------ Dated this the 29th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. It appears to us that the petitioner landlord is voicing a genuine grievance. His tenant, the respondent, according to him has not paid rent for quite some time and even on admission rent is in arrears to the tune of about Rs.15 Lakhs. But, he is unable to invoke the summary provisions under Section 12 of the Act for want of a presiding officer in the First Additional Rent Control Court, Kozhikode, which is in seizin of RCP No.11/2011 filed by him. 2. Even though P.R.Venkatesh learned counsel appearing for the petitioner made very appealing and persuasive submissions, we feel that remedy of the petitioner even if his grievance is genuine, lies in the form of an application for transfer under Rule 14 of the Kerala Buildings (Lease & Rent Control) Rules before the Principal Rent Control Appellate Authority, Kozhikode. We relegate the petitioner to that remedy. O.P.(C).No.2848/2011 2 If the petitioner files an application for transfer under Rule 14, the learned Rent Control Appellate Authority, Kozhikode will give top priority to the same and take a decision on the same without undue delay. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk "R.C.P.No.11/2011" occurring in the first paragraph of the judgment dated 29/8/2011 of O.P. (R.C) 2848/11 is corrected and substituted as "R. C.P No.71/11" vide order dated 27/9/2011 in I.A. 15112/11 in O.P.(R.C) 2848/11. Sd/- Registrar (Judicial)