IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23554 of 2010(T) -------------------------- PETITIONER(S): --------------- NANDANAN, S/O.PARAMESHWARAN,VALIL HOUSE MUKKOLA,PARIYAPURAM POST, TANUR, REP.BY POWER OF ATTORNEY HOLDER AND BROTHER NARAYANAN VALIL,S/O.PARAMESHWARAN. BY ADV. SRI.C.M.MOHAMMED IQUABAL SRI.P.K.MOHAMED JAMEEL RESPONDENT(S): --------------- 1. LAKSHMI, W/O.POOZHIKKAL VELAYUDHAN, NANNAMBRA AMSOM DESOM,THIRURANGADI P.O. THIRURANGADI TALUK. MALAPPURAM 697101 2. MINI,D/O.POOZHIKKAL VELAYUDHAN, -DO- 3. ANILKUMAR, S/O.-DO-DO- 4. SUNILKUMAR, S/O.-DO-DO- 5. AJITHKUMAR,S/O.-DO-DO- 6. THE ACCOMMODATION CONTROLLER, TIRUR TALUK,POST TIRUR, MALAPPURAM DISTRICT. 697101 7. THE TANUR GRAMA PANCHAYATH, POST TANUR REPRESENTED BY ITS SECRETARY.697101 8. THE DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM.697101 BY GOVT.PLEADER SMT.R.BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.C.No. 23554 OF 2010 ------------------------ Dated this the 28th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this writ petition filed under Article 226 of the Constitution is Ext.P5 order passed by the Accommodation Controller in a proceeding initiated by the respondents/tenants for directing the petitioner to carry out essential repairs to a building in which the tenants are carrying on business. 2. Even though several grounds have been raised in this writ petition challenging Ext.P5 order and C.M. Mohammed Iqubal learned counsel for the revision petitioner addressed strenuous arguments before us based on those grounds, we do not find any infirmity about Ext.P5 order warranting invocation of the constitutional jurisdiction of this Court. On going through Section 13 (6) of the Act 2 of 1965, we find that the statute provides a remedy by way of appeal against Ext.P5. Giving liberty to the writ petitioner to invoke that remedy or any other WPC.No..23554/2010 2 remedy available to him in law, we decline jurisdiction and dismiss the writ petition. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk