Metropolitan Health Care (P) Ltd vs The Surya Clinics (P) Ltd
2021 Latest Caselaw 1308 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                               &

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                     RCRev..No.204 OF 2020

AGAINST THE ORDER   DATED 18-11-2020 IN RCRP 1/2020 OF III
ADDITIONAL DISTRICT COURT, THRISSUR.

AGAINST THE ORDER IN EP 793/2020           DATED   19-08-2020   OF
PRINCIPAL MUNSIFF COURT, THRISSUR.

PETITIOERS/REVISION PETITIONER/JUDGMENT DEBTORS        :

      1       METROPOLITAN HEALTH CARE (P) LTD,
              REP.BY ITS MANAGING DIRECTOR,
              KOORKENCHERY P O, THRISSUR-680 007.

      2       DR JAMES J CHETHIMATTAM,
              MANAGING DIRECTOR,
              METROPOLITAN HEALTH CARE(P) LTD,
              KOORKENCHERY P O, THRISSUR-680 007.

              BY ADVS.
              SHRI.K.B.GANGESH
              SMT.SMITHA CHATHANARAMBATH

RESPONDENT/RESPONDENT/DECREE HOLDER       :

              THE SURYA CLINICS (P) LTD.,
              REP.BY ITS MANAGING DIRECTOR,
              SOMASUNDARAN C V, MAYURA APARTMENTS,
              AYYANTHOLE P O, THRISSUR-680 003.

              BY ADV. SRI.T.M.CHANDRAN.

     THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 13.01.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 R.C.R No.204 of 2020                     2




                   A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.

                   --------------------------------------
                                R.C.R No.204 of 2020
                   --------------------------------------
                       Dated this the 13th day of January, 2021


                                     ORDER

A.Hariprasad, J

Heard the learned counsel for petitioners and respondent.

2. We entertained a doubt whether a second revision is

maintainable against an order passed by the revisional authority (District

Judge) under Section 14 of the Kerala Buildings (Lease and Rent Control)

Act, 1965. The proposition is squarely covered by a Division Bench

decision of this Court in Ayyappan Pillai A.R v. Mohana Chandran Pillai

and Another ( 2005 KHC 915) , wherein it has been held that a second

revision in this matter is not maintainable and the remedy open to the

petitioners is to approach this Court under Article 227 of the Constitution

of India. In view of the legal proposition, we dismiss the revision with a

liberty to the petitioners to approach this Court by way of an appropriate

proceedings.

All pending interlocutory applications will stand dismissed.

A. HARIPRASAD, JUDGE.

                                                  P.V.KUNHIKRISHNAN,
                                                           JUDGE




amk





                                  APPENDIX


PETITIONERS'           EXHIBITS   :


ANNEXURE-A1                  TRUE COPY OF THE ORDER NO.C6-14914/2020
                             DATED   27.05.2020    ISSUED   BY   THE

ACCOMMODATION CONTROLLER, THRISSUR.

ANNEXURE-A1(a) TRUE ENGLISH TRANSLATION OF ANNEXURE

-A1.

ANNEXURE-A2 TRUE COPY OF THE NOTICE ISSUED BY ACCOMMODATION CONTROLLER ON 03.11.2020 INTIMATING THE DATE OF HEARING AS 02.12.2020.

ANNEXURE-A2(a) TRUE ENGLISH TRANSLATION OF ANNEXURE-A2.

RESPONDENT'S EXHIBITS : NIL.