P.C.Suresh vs P.M.Joseph
2021 Latest Caselaw 935 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                &

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      OP (RC).No.71 OF 2020

AGAINST THE JUDGMENT IN RCA            40/2016   OF   RENT   CONTROL
APPELLATE AUTHORITY, KOTTAYAM.

AGAINST THE ORDER IN RCOP 4/2014 OF RENT CONTROL COURT,
ETTUMANOOR.


PETITIONERS      :

      1        P.C.SURESH, AGED 45 YEARS,
               S/O. CHELLAPAN ACHARI, THUNDATHIL PUTHENPURA
               HOUSE, VETTIMUKAL P.O, ETTUMANOOR VILLAGE,
               KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN-686 631.

      2        P.C. MURUKAN, AGED 41 YEARS,
               S/O. CHELLAPAN ACHARI, THUNDATHIL PUTHENPURA
               HOUSE, VETTIMUKAL P.O, ETTUMANOOR VILLAGE,
               KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN-686 631.

               BY ADV. SRI.R.GIRISH.

RESPONDENT       :

               P.M.JOSEPH, AGED 78 YEARS,
               PALAMATTATHIL HOUSE, VETTIMUKAL P O,
               ETTUMANOOR VILLAGE,KOTTAYAM TALUK,
               KOTTAYAM DISTRICT, PIN-686 631.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P (R.C) No.71 of 2020                    2




                       A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
                       --------------------------------------
                                O.P (R.C) No.71 of 2020
                       --------------------------------------
                       Dated this the 11th day of January, 2021


                                    JUDGMENT

A.Hariprasad, J

Heard the learned counsel for petitioner.

2. Reliefs claimed in the petition read thus :

" i) To direct the court below to consider Ext.P2 appeal within a time frame as this Hon'ble Court may deem just and necessary in the interest of justice.

ii) To grant such other or further reliefs as this Hon'ble Court may deem just and properly in the facts and circumstances of the case."

3. Having regard to the reliefs, we are of the view that no notice

need be issued to the respondent before disposing this case as it is will not

prejudicially affect the respondent's right.

4. Learned counsel for the petitioner submitted that Ext.P2 appeal

was filed in the year 2016. Despite pressing for an early hearing, the Rent

Control Appellate Authority has not taken up the matter and finally

disposed of the same. It is also submitted that huge arrears of rent has been

kept by the tenant. It is pointed out that Ext.P3 order passed by this court

on 26-06-2018 has not been complied with so far.

Having regard to the facts and circumstances, we hereby direct

the Rent Control Appellate Authority, Kottayam to dispose of R.C.A No.40 of

2016 within a period of three months 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 ORDER DATED 26.02.2016

IN RC (OP) NO.4/2014 ON THE FILES OF THE COURT OF THE RENT CONTROL ETTUMANOOR.

EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 26.08.2016 IN RCA NO.40/2016 THUS SUBMITTED BY THE RESPONDENT BEFORE THE RENT CONTROL APPELLATE AUTHORITY, KOTTAYAM.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 26.06.2018 THUS PASSED BY THIS HON'BLE COURT IN OP(RC) NO.68/2018.

RESPONDENT'S EXHIBITS                        :          NIL.