Citation : 2021 Latest Caselaw 16025 Ker
Judgement Date : 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
OP (RC) NO. 55 OF 2019
I.A.NO.612/2019 IN RCP 7/2012 OF RENT CONTROL COURT ,
IRINJALAKUDA, THRISSUR
PETITIONER/4TH RESPONDENT/4TH PETITONER:
VINCENT,
AGED 38 YEARS
S/O LATE MATHANCHIRA ANTHAPPAN, KARALAM VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.
SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA.S.BABU
SRI.R.N.SANDEEP
RESPONDENT/APPELLANT/TENANT:
CURRENT BOOKS,
IRINJALAKKUDA REP.BY CHIEF EXECUTIVE OFFICER,
RAVI, D/O DOMINIC CHACKO, KIZHAKKEMURI HOUSE,
DEVALOKAM, MUTTAMBALAM, KOTTAYAM-686004.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
OP (RC) NO. 55 OF 2019
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is the 4 th petitioner in R.C.P.No.7 of
2012 on the file of the Rent Control Court, Irinjalakkuda, has
filed this original petition under Article 227 of the Constitution
of India, seeking a direction to the Rent Control Court,
Irinjalakkuda, to dispose of I.A.No.612 of 2019 in R.C.P.No.7
of 2012, within a time limit to be fixed by this Court. The
petitioner has also sought for a direction to the Rent Control
Court, Irinjalakkuda, to dispose of R.C.P.No.7 of 2012 within a
time limit to be fixed by this Court.
2. On 21.03.2019, when this original petition came up
for admission, Registry was directed to call for a report from
the Rent Control Court, Irinjalakkuda, with respect to the
present stage of I.A.No.612 of 2019 in R.C.P.No.7 of 2012.
3. Pursuant to the above order, the District Judge,
Thrissur, vide covering letter dated 01.04.2019, forwarded a
report dated 30.03.2019 of the Principal Munsiff-in-Charge,
Irinjalakkuda, wherein it is stated that a preliminary order in
I.A.No.612 of 2019 for payment or deposit could be passed
within two days from 01.04.2019 and that, final order could
OP (RC) NO. 55 OF 2019
be passed immediately after expiry of the statutory period for
payment or deposit, as provided under Section 12 of the
Kerala Buildings (Lease and Rent Control) Act.
4. Today, when this matter is taken up for
consideration, the learned counsel for the petitioner would
submit that the Rent Control Appellate Authority has already
passed an order on 08.11.2019 and therefore, the reliefs
sought for in this original petition have become infructuous.
Recording the aforesaid submission made by the learned
counsel for the petitioner, this original petition is dismissed as
infructuous.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
M.R.ANITHA, JUDGE
AV/4/8
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