A K MUHAMMED ASHARAF MOULAVI Vs. KUNJALI

JUDGEMENT

(1.) UNDER challenge in this Original Petition filed by the tenant under Article 227 of the constitution is Ext.P4 order passed by the Rent Control Court, Manjeri. By Ext.P4 the learned Rent Control Court has dismissed Ext.P3 review petition seeking review of Ext.P2 summary order of eviction passed under Section 12(3) and thus, confirmed Ext.P2. In this O.P. Ext.P4 and for that matter Ext.P2 are challenged on various grounds. Sri.T.Krishnanunni, the learned senior counsel for the petitioner would submit at the very outset that Ext.P2 order suffers from a glaring procedural irregularity that even before expiry of the period fixed by the Rent Control Court for payment of the rent admittedly in arrears the learned court passed the summary order of eviction under Section 12(3). According to the learned senior counsel even if a show cause notice as such may not be necessary in view of judicial precedents governing the issue, it was obligatory that the Rent Control Court granted a reasonable time to the tenant for showing cause against the proposed summary order once it was noticed that the rent admittedly in arrears is not paid on the stipulated time. Sri.Krishnanunni very fervently submitted that going by Ext.P1, the tenant had time till the evening 03/01/11 to pay the admitted rent. The learned Rent Control Court passed Ext.P2 before lunch break on 03/01/11 itself.

(2.) SRI.M.A.Abdul Hakim, the learned counsel for the respondent/landlord would support Ext.P2 as well as Ext.P4. According to him, the visitorial jurisdiction of this Court under Article 227 is not to be invoked for interfering with each and every order that is passed by subordinate courts even if there is some illegality about the same. Visitorial jurisdiction is to be invoked only in exceptional circumstances. Even if Ext.P2 was an illegal order the remedy available to the tenant was the regular appellate remedy under Section 18 and not in the form of a review petition. Ext.P3 review petition was rightly dismissed as there was no ground for review.

(3.) EXTS.P1, P2 and P4 will stand set aside and I.A. No.1870/10 will stand posted before the Rent Control Court for enquiry subject to compliance of the following conditions by the tenant/petitioner.