M J THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have filed this writ petition challenging Ext. P6 notification issued by the Government under S.25 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). As per the said notification, the buildings of Gospel for Asia (the second respondent herein) have been exempted from various provisions of the Act.

(2.) The petitioners are the tenants of the second respondent. Both the petitioners are occupying different rooms, viz. X/271, X/269 and X/277 of Thiruvalla Municipality. They were inducted as tenants by Mr. Joseph Eapen, who sold it to one Mr. Mathai Syriac. The second respondent purchased the building from the said Mr. Mathai Syriac. The second petitioner as plaintiff had instituted OS No. 226/2003 before the Munsiff's Court, Thiruvalla against any eviction by using force by the second respondent. He had also filed a petition under S.13(4) of the Act to the Accommodation Controller alleging deprivation of amenities by the second respondent. Subsequently, the petitioners were served with Exts. P4 and P5 notices by the landlord seeking vacant possession of the rooms. From the above notices, they came to know of the exemption granted to their buildings as per Ext. P6 and therefore the writ petition is filed challenging the same.

(3.) Ext. P6 is challenged on various grounds. It is averred in the writ petition that Ext. P6 has been issued without any application of mind, the affairs of the second respondent is fully controlled by the third respondent and his relatives and the second respondent is not a church and no public interest is involved in the matter. The contention therefore is that the exemption granted is in favour of an individual. It is further pointed out that there is clear hostile discrimination between the petitioners and other tenants and Ext. P6, if allowed to stand, will deprive them the protection allowed under the various provisions of the Act.