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. 119 OF 2022
SPEEDY DISPOSAL OF R.C.P.NO.32 OF 2018 ON THE FILES OF
THE RENT CONTROL COURT (MUNSIFF MAGISTRATE), SULTHAN
BATHERI
PETITIONER:
ANAMIKA, AGED 21 YEARS,D/O SUBRAMANYAN, RESIDING
IN THE ADDRESS ALAKADAVIL HOUSE, MADAPPALLY
KUNNU, PULPALLY DESOM, MADAPPALLY KUNNU,
PULPALLY P O, SULTHANBATHERY, WAYANAD TALUK,
WAYANAD DISTRICT, PIN - 673579
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT:
AJITHA, AGED 54 YEARS
W/O KUTTIKRISHNAN, RESIDING IN THE ADDRESS
CHERORAMANNIL HOUSE, PULPALLY TOWN, PULPALLY PO,
SULTHAN BATHERY, WAYANAD DISTRICT , PIN - 673579
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.119 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner, who filed R.C.P.No.32 of 2018 before the Rent Control Court (Munsiff-Magistrate), Sulthan Batheri, seeking eviction of the tenant from the petition schedule shop room, under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court, Sulthan Batheri to take up and finallly dispose of R.C.P.No.32 of 2018 in a time bound manner. A copy of the Rent Control Petition is marked as Ext.P1. Ext.P3 is the counter statement filed by the respondent-tenant. The petitioner has placed on record Ext.P2 discharge summary, in order to point out that her father is suffering from serious ailments and he is under constant treatment.
2. Heard the learned counsel for the petitioner- landlord. Considering the nature of relief proposed to be granted, service of notice on the respondent-tenant is dispensed with.
-3-O.P.(RC)No.119 of 2022
3. The learned counsel for the petitioner-landlord would submit that the Rent Control Petition is of the year 2018 and therefore, a time bound disposal of the same is highly essential, especially when the landlord's father is suffering from serious ailments, as evidenced by Ext.P2 discharge summary.
Having considered the submissions made by the learned counsel for the petitioner, this original petition is disposed of by directing the Rent Control Court (Munsiff-Magistrate), Sulthan Batheri to finally dispose of R.C.P.No.32 of 2018, as expeditiously as possible, at any rate, within a period of four 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 -4- O.P.(RC)No.119 of 2022 APPENDIX OF OP (RC) 119/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RENT CONTROL PETITION FILED AS R.C.P NO. 32 OF 2018 DATED 02.11.2018 ON THE FILE OF THE RENT CONTROL COURT, MUNSIFF MAGISTRATE COURT, SULTAN BATHERY. Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY WITH COLLECTED RECORDS OF THE PATIENT SUBRAMANYAN A K ISSUED DATED 23.03.2022 FROM THE WEST FORT HI-TECH HOSPITAL LTD.
Exhibit P3 A TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT HEREIN IN R.C.P NO. 32 OF 2018 DATED 26.08.2019 ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF- MAGISTRATE COURT), SULTAN BATHERY Exhibit P4 A TRUE COPY OF THE COURT PROCEEDINGS IN RCP NO. 32 OF 2018 ON THE FILE OF RENT CONTROL COURT, MUNSIFF-
MAGISTRATE COURT, SULTAN BATHERY OF DIFFERENT DATES, COPY DELIVERED ON 30.03.2022.