Radhakrishnan, J.

Petitioner has approached this Court seeking a declaration that subsection (3) of Section 12 of the Kerala Buildings (lease and Rent Control) Act, 1965 is unconstitutional. A writ of certiorari was also sought for to quash the order of the Rent Control Court, Sultanbattery dated 29-10-2001 in I.A. 595/01 since the same is in violation of the various decisions of the Supreme Court. The party appeared in person. He is a tenant in the rented premises of 1070, 1071/VI, Chungam , Sultanbattery. According to him when he took the building on rent on 16-7-1988 he had paid and amount of Rs. 25,000/- as rent advance. Claiming arrears of rent landlord approached the Rent control court for eviction. Even though eviction was ordered the tenant subsequently remitted a portion of the arrears of rent. With regard to the balance amount due tenant took up a contention before the Rent Control Court that an advance of Rs. 25,000/- is already lying with the tenant and if it is adjusted there will not be any arrears. The plea was rejected by the Rent Controller as well as the Appellate Authority. Consequently he approached this Court and filed C.R.P. 1097 of 1997 which was d