ROSHAN KYNADI Vs. SEBY ALAPATT

JUDGEMENT

(1.) 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 R.C.P. No. 71/2011 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 and Rent Control) Rules before the Principal Rent Control Appellate Authority, Kozhikode. We relegate the petitioner to that remedy. 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.