MUKKADACKAL ITTOPS EDUCATIONAL TRUST Vs. SAJI PAULOSE I.

JUDGEMENT

(1.) Instant writ appeal is filed against the interim order dated 06.11.2020 in I.A.No. 4 of 2020 in W.P.(C) No.9693 of 2020, which reads thus:

(2.) Though Sri. Pirappancode V.S. Sudheer, learned counsel for the appellant, sought for reversal of the interim order on the grounds raised, having regard to the statutory right provided to the respondents/tenants under Sections 13 and 17 of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act' for brevity) to make an application before the competent authority to ascertain as to whether the building requires demolition or repairs, we do not find fault with the interim order granted by the writ court. In this context, it is pertinent to extract Sections 13 and 17 of the Act and they read thus:

(3.) When the statute provides a right to the tenant, to make an application before the District Collector, such a right cannot be restricted by a court. On a perusal of the impugned order, we find that the appellants have been afforded with an opportunity of being heard before passing orders on Ext.P5 application.