ULAHANNAN GEORGE Vs. PAILO KURIAN

JUDGEMENT

(1.) The writ petitioner, a tenant under the Kerala Buildings (Lease and Rent Control) Act, filed this petition seeking to call for the records of the case pending before the Accommodation Controller and quashing them. There is an additional prayer for a direction to the second respondent to take evidence on Ext. P1 and pass appropriate orders thereon.

(2.) The petitioner has filed Ext. P1 petition under S.13(2) and (3) of the Act. Sub-s.(2) of S.13 confers power on the tenant to move the Accommodation Controller when the landlord of the building contravenes the provisions of the said Section. There is a mandate on the landlord under sub-s.(1) that without just or sufficient cause the amenities enjoyed by the tenant shall not be cut off or withheld. Sub-s.(3) provides that if any of the amenities enjoyed by the tenant is cut off or withheld with a view to compel him to vacate the building or to pay enhanced rent, the Accommodation Controller can pas an interim order directing the landlord to restore the amenities immediately. S.13 of the Act is intended to give immediate protection to the tenant if any of the amenities enjoyed by him is withheld or cut off by the landlord. In fact the Accommodation Controller has got power on entertaining the petition under S.13 to pass orders eo instanti considering the urgency of the situation. Even without hearing the landlord, the Accommodation Controller can pass interim orders, in appropriate cases. At any rate, the exercise of the powers under this Section shall not be indefinitely delayed because the matter requires immediate attention. Cutting off the amenities or withholding of the same will be of serious consequence as far as the tenant of the building is concerned. Therefore, this is a matter which requires immediate attention of the Accommodation Controller.

(3.) The complaint of the petitioner in this case is even though Ext. P1 petition has been filed before the second respondent as early on 10-11-1993 no action has been taken. I do not see any reason for the delay in passing orders on Ext. P1 or passing any interim order as the situation may require. In this petition I need not give any direction because it is the duty of Accommodation Controller to take up the matter immediately and dispose of the same. With the above observation, this writ petition is dismissed.