Kerala High Court
M.R.Rajendran Nair vs M.K.Rajan on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
OP (RC).No.25 OF 2021
RCP 83/2020 OF RENT CONTROL COURT, ERNAKULAM.
PETITIONER :
M.R.RAJENDRAN NAIR, AGED 74 YEARS,
S/O. LATE SRI. M.R. MADHAVAN PILLAI,
RESIDING AT 8A, NEDUNGADAN RESIDENCY,
ST. BENEDICT ROAD, COCHIN - 682 018.
BY ADVS.
SRI.M.R.HARIRAJ
SMT.THANUJA ROSHAN
SHRI.VISWAJITH C.K
SMT.GANGA A.SANKAR
SHRI.CHACKOCHEN VITHAYATHIL
SMT.GISHA G. RAJ
SHRI.REJIVUE
SHRI.VISHNU RAJAGOPAL
RESPONDENTS :
1 M.K.RAJAN, AGED 67 YEARS,
S/O. KONNA MEERA HANEEFA, DD TUDOUR VILLA NO.9,
VADUTHALA PAADAM ROAD, CHERANELLUR VILLAGE,
KANAYANNUR TALUK, ERNAKULAM.
2 M.R. MARTIN, AGED 57 YEARS,
S/O. RAPHEAL MICHEAL, MOOKO MURI,
MUNDANVELI KARA, KOCHI, ERNAKULAM.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.25 of 2021 2
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
--------------------------------------
O.P (R.C) No.25 of 2021
--------------------------------------
Dated this the 10th day of February, 2021
JUDGMENT
P.V.KUNHIKRISHNAN, J
This original petition is filed with the following prayers :
" i) To direct the Rent Control Court, Ernakulam to
consider and pass orders on I.A 2/2020 without any
further delay within a time frame to be fixed by this
Honourable Court.
ii) Grant such other relief as may be prayed for and as
the Court deems fit to grant; and
iii) Grant the cost of this Original Petition."
2. I.A No.2 of 2020 is filed under Section 12(1) of the Kerala
Buildings (Lease and Rent) Control Act, 1965 (in short 'the Act') for
payment of admitted arrears.
3. Learned counsel for the petitioner submitted that the
aforementioned I.A was heard on 11-01-2021 and posted for orders on 20-
01-2021. Thereafter, the Rent Control Court has not passed any order till
date as evident from Ext.P6, which is the print out of the daily status from
E courts website.
4. From the facts and circumstances of the case, we are of the
view that no notice is necessary to respondents for issuing orders in this
original petition.
5. After hearing the learned counsel for the petitioner, we feel that the
original petition can be disposed of directing the Rent Control Court to
pass final orders in I.A No.2 of 2021.
Therefore, this original petition is allowed. The Rent Control Court,
Ernakulam is directed to pass final orders in I.A No.2 of 2020 in RCP
No.83/2020 as expeditiously as possible at any rate within a period of ten
days from the date of receipt of a copy of this judgment.
A. HARIPRASAD,
JUDGE.
P.V.KUNHIKRISHNAN,
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF RENT CONTROL
PETITION IN RCP 83 OF 2020 BEFORE THE RENT
CONTROL COURT ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 29.9.2020
FILED BY 1ST RESPONDENT IN RCP 83/2020
EXHIBIT P3 TRUE COPY OF IA 2/2020 FILED BY THE
PETITIONER IN RCP 83/2020
EXHIBIT P4 THE TRUE COPY OF COUNTER AFFIDAVIT FILED BY
THE 1ST RESPONDENT TO IA 2/2020 IN RCP
83/2020
EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT DATED 11.1.2021
FILED BY THE 2ND RESPONDENT AS COUNTER IN
THE IA 2/2020 IN RCP 83/2020
EXHIBIT P6 TRUE COPY OF THE PRINT OUTS OF THE DAILY
STATUS FROM THE E-COURTS WEBSITE IN RESPECT
OF RCP 83/2020
RESPONDENT'S EXHIBIT : NIL.
