IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 35613 of 2000(M) ------------------------------------ PETITIONER: --------------------- B.VIJAY KUMAR, N.M.C.NO.XIII/359, ARASUMMOODU, NEYYATTINKARA, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.BALAKRISHNAN SRI.V.SUJITH SRI.GOVIND K.BHARATHAN RESPONDENTS: ------------------------ 1. THE ACCOMMODATION CONTROLLER AND TAHSILDAR, NEYYATTINKARA, TRIVANDRUM. 2. SMT. SAFIYA, D/O.PATHUMMA SAFIA MANZIL, ARASUMMOODU, NEYYATTINKARA, TRIVANDRUM. 3. SMT. PATHUMMA, W/O.MOHAMMED ABDUL KHADER, SAFIA MANZIL, ARASUMMOODU, KADAVATTARAM DESOM, NEYYATTINKARA, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. BENNY GERVASIS BY ADV. SRI.K.L.NARASIMHAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss O.P.NO.35613/2000M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DTD. 20/09/93. EXT.P2: COPY OF PETITION FILED BY THE PETITION TO THE 1ST RESPONDENT DTD. 26/09/98. EXT.P3: COPY OF THE REJECTION ORDER BY THE 1ST RESPONDENT DTD. 17/05/98. 4TH RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE JUDGMENT IN O.S.684/98 DTD. 18/11/99. EXT.R4(B): COPY OF THE JUDGMENT IN O.P.22959/98 DTD.11/01/99. EXT.R4(C): COPY OF OBJECTION FILED BY RESPONDENT BEFORE THE ACCOMMODATION CONTROLLER DTD. 19/11/1998. /TRUE COPY/ P.S.TO JUDGE Kss K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== O.P.No.35613 of 2000 ======================== Dated this the 18th day of January, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner challenges Ext.P3 order of the Accommodation Controller disposing of his application for restoration of water supply to the tenanted premises. The order was passed on 21.11.1998. The writ petition was filed challenging that order only on 19.12.2000. Against the said order, the petitioner had a right of appeal to the District Collector under Section 13(6) of the Kerala Buildings (Lease and Rent Control) Act. The petitioner did not invoke the said statutory remedy. Therefore, it is not proper for this Court to entertain this writ petition filed after a lapse of more than 2 years. So, we decline to hear the writ petition on merits. Accordingly, the writ petition is dismissed. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 21/1