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2026 Supreme(Online)(Ker) 9511

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
K.S. Ramachandran – Appellant
Versus
C.R. Gopalakrishnan – Respondent


Advocates:
For the Appellants/Petitioners: Shri. Blaze K. Jose, Smt. Gayathri A.L., Smt. Afrus Shahana, Smt. Aparna S.
For the Respondents: Shri. B.N. Shivsankar, Sri. Tinu T. Joseph

Dated this the 11th day of February, 2026 Soumen Sen , C.J.

Heard Mr. Blaze K. Jose, learned counsel for the petitioner and Mr. Tinu T. Joseph, learned counsel for the respondent.

2. An adjudication under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as “the Act”) by the Rent Control Court is the subject matter of challenge in this petition. Initially, we were of the view that, by reason of Section 18 of the Act, the said order was appealable. However, having regard to the decisions of the co- ordinate Bench in Sidharthan v. Hassankutty Haji 1 and Puthiya Nadammal P.M. Adbul Khadar v. V.P. Hamza, JUDGMENT, the appeal is not maintainable under of the Act.

3. Although we are of the view that certain clarity may be required with regard to the bar on the exercise of jurisdiction under Article 227 of the Constitution of India in relation to

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2 such matters, which may warrant deeper consideration, we are presently not inclined to examine the said question as it plainly appears to us that the Court concerned was considering the application underSection 12(1) of the Act and, while deciding the said application, had also referred to the p

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