Madappen Abdul Rasheed vs Dr.V.P.Arif
2021 Latest Caselaw 9856 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                   &

           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                         OP (RC).No.51 OF 2021

 [ARISING FROM R.C.NO.4 OF 2021 ON THE FILE OF THE ACCOMMODATION
                      CONTROLLER, KOZHIKODE]


PETITIONER/PETITIONER:

             MADAPPEN ABDUL RASHEED
             AGED 65 YEARS
             S/O.AHAMMED HAJI, BUSINESS, ANDATHODE, KADIKAD AMSOM
             DESOM OF THRISSUR, PRSENTLY CONDUCTING BUSINESS AT
             24/2431 A, A1, A2, GOLF LINK ROAD,CHEVAYUR, KOZHIKODE
             673 017.

             BY ADVS.
             SRI.C.P.MOHAMMED NIAS
             SRI.S.AJITH (PALAKKAD)
             SMT.V.NAMITHA

RESPONDENTS/RESPONDENTS:

      1      DR.V.P.ARIF


      2      SHAHALA ARIF
             W/O. DR. V.P.ARIF

             REP.BY THEIR POWER OF ATTORNEY HOLDER, V.P.MUHAMED,
             S/O.MOIDU HAJI, RESIDING AT 7/105, FASMAS, ARAVINDH
             GHOSH ROAD, KOZHIKODE 673 001.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION           ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(R.C.) No.51 OF 2021                   2



                                        JUDGMENT

Dated this the 24th day of March 2021 ..

Considering the relief sought for, we find that notice

need not be sent to the respondents in this case. Hence we

do not issue the same.

2. The prayer in the application reads as follows:

"For the reasons stated in the memorandum of Original Petition as verified by the affidavit accompanying thereto, it is respectfully prayed that this Hon'ble Court may be pleased to direct the respondents to restore the amenities mentioned in the first schedule of Ext.P5 petition before the Accommodation Controller, Kozhikode pending disposal of the Original Petition."

3. The petitioner is said to be the tenant under the

respondent/landlord in respect of a building situated in a

rent control area. According to the petitioner, the

amenities enjoyed by them were cut off by the

landlords/respondents and, therefore, he approached the

Accommodation Controller constituted under Section 3 of the

Kerala Buildings (Lease and Rent Control)Act, 1965

(in short 'the Act'). The application filed before the

Accommodation Controller is Ext.P5. It is the grievance of

the petitioner that, despite filing the application on

12.1.2021 complaining of the cutting off amenities enjoyed

by the tenant, the Accommodation Controller has not chosen

to issue notice to the respondents herein or to pass any

interim order in this matter.

Having regard to the facts and circumstances of this

case, we allow this petition to the following extent:

The Accommodation Controller, Kozhikode shall expedite

the hearing and disposal of case R.C.No.4 of 2021 pending

before him and he shall issue notice to the respondents and

pass appropriate orders within a span of two weeks from the

date of appearance of the respondents.

The Original Petition is disposed of as above.

Sd/-

A.HARIPRASAD

JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE pkk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RENT AGREEMENT DATED 19.1.2019 EXECUTED BETWEEN THE PARTIES.

EXHIBIT P2 TRUE COPY OF THE RENT AGREEMENT DATED 24.7.2020 EXECUTED BETWEEN THE PARTIES.

EXHIBIT P3 TRUE COPY OF THE LAWYER NOTICE DATED 5.11.2020 ISSUED BY THE RESPONDENTS TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE REPLY NOTICE DATED 26.11.2020 SENT BY THE PETITIONER TO THE RESPONDENT IN RESPONSE TO EXT. P3 NOTICE.

EXHIBIT P5 TRUE COPY OF THE PETITION DATED 12.1.2021 FILED BY THE PETITIONER BEFORE THE ACCOMMODATION CONTROLLER, KOZHIKODE.

//TRUE COPY// SD/- P.S. TO JUDGE