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2026 Supreme(Online)(Ker) 14507

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
K.P.M.SHAJI – Appellant
Versus
BIJU IMMANUEL – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.C.HARINDRAMOHAN NAIR, SHRI.SEBASTIAN JOSE (KURISUMMOOTTIL)
For the Respondents: SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.R.GITHESH, SHRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SRI.HARIKRISHNAN S., SMT.ANNA LINDA EDEN, SMT.ANAVADYA SANIL KUMAR, SMT.ANJALI KRISHNA, SRI.S.SREEKUMAR (SR.)

JUDGMENT

Dated this the 24th day of February, 2026 Soumen Sen , C.J .

We have heard Mr. C. Harindramohan Nair, learned coun-

sel for the petitioner and Mr. S. Sreekumar, learned Senior Ad- vocate representing Mr. P. Martin Jose, learned counsel for the respondent.

2. In view of the admitted position that the arrears of rent de- termined were not deposited, and that the petitioner neither filed any application before the passing of the final order to show sufficient cause for being unable to pay the said amount, nor contended that the said amount was not an admitted liabil- ity, and in view of the decision of the Full Bench in Shaji M. v. S.N.D.P. Sakhayogam No.610 , Alappuzha and Another1, the order passed by the Rent Control Appellate Authority does not call for any interference. In fact, the Full Bench has explained the scope of Section 12 (3), addressing the objections raised by the petitioner that the order could not have been passed with- out serving a specific notice to show cause before the closure of

1 2020 (2) KHC 574

the proceedings and directing eviction, as discussed in para-

graph 11 of the said judgment, which is reproduced as follows:

“11. In view of the principle evolve

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