IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP (RC) NO. 115 OF 2022
SPEEDY DISPOSAL OF R.C.A.NO.31 OF 2018 ON THE FILE OF THE
RENT CONTROL APPELLLATE AUTHORITY (ADDITIONAL DISTIRCT &
SESSIONS COURT-IV), THRISSUR AGAINST E.P.NO.544 OF 2018
IN R.C.P.NO.36 OF 2016 OF THE RENT CONTROL (MUNSIFF)
COURT, CHAVAKKAD
PETITIONERS/RESPONDENTS/DECREE HOLDERS/PETITIONERS:
1 SUBASH, AGED 59 YEARS, S/O.KRISHNANKUTTY,
KANJIRAPARAMBIL, KAIPAMANGALAM VILLAGE AND
DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN - 680681
2 LASITHA, AGED 51 YEARS, W/O.SUBASH,
KANJIRAPARAMBIL, KAIPAMANGALAM VILLAGE AND
DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN - 680681
BY ADV SUMODH MADHAVAN NAIR
RESPONDENTS/APPELLANTS/JUDGMENT DEBTOR/RESPONDENT:
NANDAKUMAR, AGED 52 YEARS, S/O.SAHADEVAN,
AALAKKAL, NATTIKA VILLAGE AND DESOM,
(FEATHER TOUCH POLY JUNCTION), TRIPRAYAR,
THRISSUR, PIN - 680567
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
O.P.(RC)No.115 of 2022
JUDGMENT
Anil K. Narendran, J.
The appellants filed R.C.P.No.36 of 2016 before the Rent Control Court (Munsiff), Chavakkad, under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent herein-tenant from the petition schedule shop room. In the said Rent Control Petition, the Rent Control Court passed Ext.P1 order dated 11.09.2018, invoking its powers under Section 12(3) of the Act, whereby, the tenant is directed to surrender vacant possession of the petition schedule shop room to the landlords within one month from the date of that order, failing which, the landlords are at liberty to execute the said order through the process of court. The landlords filed E.P.No.544 of 2018 before the Munsiff's Court, Chavakkad for executing Ext.P1 order. Challenging Ext.P1 order of eviction dated 11.09.2018 passed by the Rent Control Court in R.C.P.No.36 of 2016, the tenant filed R.C.A.No.31 of 2018 before the Rent Control Appellate Authority (IVth Additional District & Sessions Judge), Thrissur, invoking the provisions under Section 18(1)(b) of the -3- O.P.(RC)No.115 of 2022 Act. The said appeal is now pending consideration before the Appellate Authority. The grievance of the petitioners in this original petition filed under Article 227 of the Constitution of India, is the delay in disposal of R.C.A.No.31 of 2018 filed by the respondent-tenant.
2. Heard the learned counsel for the petitioners- landlords. Considering the nature of relief proposed to be granted, service of notice on the respondent-tenant is dispensed with.
3. The learned counsel for the petitioners-landlords would point out that in view of the order of stay granted by the Appellate Authority in R.C.A.No.31 of 2018, E.P.No.544 of 2018 filed by the landlords for executing Ext.P1 order of eviction in R.C.P.No.36 of 2016 is kept pending. Therefore, time bound consideration of the aforesaid appeal is highly essential.
Having considered the submissions made by the learned counsel for the petitioners-landlords, this original petition is disposed of by directing the Rent Control Appellate Authority (IVth Additional District & Sessions Judge), Thrissur, to finally -4- O.P.(RC)No.115 of 2022 dispose of R.C.A.No.31 of 2018, as expeditiously as possible, at any rate, within a period of two months from the date of production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE AV/27/6 -5- O.P.(RC)No.115 of 2022 APPENDIX OF OP (RC) 115/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 11/9/2018 AND PASSED BY THE RENT CONTROLLER, RENT CONTROL COURT OF CHAVAKKAD, IN R.C.P. 36/2016 Exhibit P2 TRUE COPY OF THE EXECUTION PETITION NUMBERED AS E.P. 544/2018 AND PREFERRED BY THE PETITIONERS BEFORE THE MUNSIFF COURT, CHAVAKKAD ON 5/11/2018 AND UNDER ORDER 21 RULE 35 C.P.C.
Exhibit P3 TRUE COPY OF THE APPEAL NUMBERED AS R.C.A. 31/2018 PREFERRED BEFORE THE RENT CONTROL APPELLATE AUTHORITY, THRISSUR UNDER SECTION 18(1)(b) OF THE KERALA BUILDINGS (LEASE AND RENT CONTROL)ACT, 1965 AND DATED 11/10/2018