Point of law: Power of superintendence conferred upon the High Court under Article 227 of the Constitution of India over all courts and Tribunals throughout the territory of the State is both of administrative and judicial nature and it could be exercised suo-motu also.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner is the respondent-tenant in R.C.P. No. 28 of 2007 on the file of the Rent Control Court (Munsiff), Chavakkad, a petition filed by the respondent herein-landlord, under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant from the petition schedule building. The Rent Control Court granted Ext.P1 order of eviction dated 15.02.2012 in R.C.P. No. 28 of 2007, under Section 11(3) of the Act and directed the tenant to surrender vacant possession of the petition schedule building to the landlord, within a period of one month from the date of that order.

2. Feeling aggrieved by the order of eviction, the tenant preferred R.C.A. No. 26 of 2012 before the Additional Rent Control Appellate Authority-IV, Thrissur. In that appeal, the landlord filed I.A. No. 3440 of 2016, an application under Section 12 of the Act, seeking an order directing the tenant to pay the admitted arrears of rent with interest, failing which to issue show cause notice and direct the tenant to put the landlord in possession of the petition schedule building. In I.A. No. 3440 of 2016, the Appellate Authority passed Exhibit P2 order dated 09.01.2017, whereby the tenant was directed to pay admitted arrears of rent within a period of 4 weeks from the date of that order or to show sufficient cause to the contrary. Later, by Ext.P3 judgment dated 07.02.2017, the Appellate Authority stopped the proceedings in R.C.A. No. 26 of 2012. The said judgment reads thus:

“I.A. No. 3440 of 2016 disposed. Appellant directed to put respondent in possession of petition scheduled building under Section 12(3) Kerala Buildings (Lease and Rent Control) Act and proceedings in RCA are stopped.”

3. Feeling aggrieved by Ext.P3 judgment of the Additional Rent Control Appellate Authority-IV, Thrissur, dated 07.02.2017 in R.C.A. No. 26 of 2012, the tenant is before this Court in this original petition filed under Article 227 of the Constitution of India, seeking an order to set aside that judgment and to direct the Appellate Authority to dispose of R.C.A. No. 26 of 2012, on merits.

4. On 11.04.2017, when this original petition came up for admission, this Court issued notice by speed post to the respondent. This Court granted an interim order, which reads thus:

“Prima-facie we find that the petitioner has not been given an opportunity to show sufficient cause for not complying with the direction passed under Section 12(2). Hence admit the O.P. (RC) and there will be an interim stay for a period of two months.”

5. The interim order granted on 11.04.2017, which was extended from time to time, was extended until further orders on 16.08.2017. During the pendency of this original petition the respondent-landlord died and his legal heirs are impleaded as additional respondents 2 to 7.

6. Heard the learned counsel for the petitioner-tenant and also the learned counsel for additional respondents 2 to 7/legal heirs of the deceased landlord.

7. By Ext.P3 judgment dated 07.02.2017, which is under challenge in this original petition, the Additional Rent Control Appellate Authority-IV, Thrissur, stopped the proceedings in R.C.A. No. 26 of 2012, under Section 12(3) of the Act, stating that I.A. No. 3440 of 2016 filed by the landlord is disposed of.

8. The landlord filed I.A. No. 3440 of 2016 in R.C.A. No. 26 of 2012, under Section 12 of the Act, seeking an order directing the tenant to pay admitted arrears of rent with interest, failing which to issue show cause notice and direct the tenant to put the landlord in possession of the petition schedule building. In that application, the Appellate Authority passed Exhibit P2 order dated 09.01.2017, whereby the tenant was directed to pay the admitted arrears of rent within a period of 4 weeks (i.e. 28 days) from the date of that order or to show sufficient cause to the contrary.

9. In paragraph 4 of this original petition, the petitioner-tenant has stated that, after Exhibit P2 or