NARAYANA PILLAI Vs. JOSEPH MATHAI

JUDGEMENT

(1.) This is a petition under Art.227 of the Construction. Petitioner challenges Exhibit P8 order passed by the revisional authority under the Kerala Buildings (Lease & Rent Control) Act, hereinafter referred to as "the Act".

(2.) Respondents 1 to 4 were the owners of a building occupied by the petitioner. The building consisted of a row of rooms. The western most room of that building was leased out to the petitioner. Landlords initiated proceedings under the Act as R.C.O.P.12/1983 for recovering the shop room invoking the provisions contained in S.11(4)(iii) and 11(4)(iv) of the Act. Exhibit P1 is the petition filed before the Rent control Court. The property schedule to that petition was the western-most room of a building with 5 rooms facing Thodupuzha - Velliamattam Road, bearing Door No. 197 of Ward XXI of Thodupuzha Municipality.

(3.) while Act were pending, Municipal authorities issued notice under S.250(2) of the, kerala Municipalities Act requiring the occupants and the owners to demolish the building to prevent danger to human lives, since the building was in a dilapidated condition. On receipt, of the notice from the Municipal authorities, petitioner approached this court by filing O.P. 8590/1985 inter alia praying for direction, to the Municipal authorities to forbear from demolishing the building. Thodupuzha Municipality and the landlords were made respondents in that petition. Municipality entered appearance. No notice of the petition was sent to the landlords. When that petition came up for admission on 3-10-1985 this Court disposed of the same with the following observations:-