Kerala High Court
Gopinathan A.M vs Midhun C.S on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
O.P.(R.C) NO. 68 OF 2021
SEEKING DIRECTION TO THE RENT CONTROL COURT, THRISSUR FOR AN
EARLY DISPOSAL OF R.C.O.P.NO.78/2020
PETITIONER/PETITIONER:
GOPINATHAN A.M.
AGED 72 YEARS
S/O.KIZHAKKE ANAKATHIL MADHAVAN NAIR,
'SREEGOVINDAM', KARIYANNOOR VILLAGE,
ERUMAPETTY P.O., KUNNAMKULAM TALUK,
THRISSUR DISTRICT - 680 584.
BY ADV.SHRI.K.A.AUGUSTINE
RESPONDENT/RESPONDENT:
MIDHUN C.S.
AGED 32 YEARS
S/O.SURENDRAN, CHEMMANADAN VEETIL,
VARANDRAPPILLY P.O., VARANDRAPPILLY VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 303.
BY ADVS.
SRI.LINDONS C.DAVIS
SRI.E.U.DHANYA
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(R.C.)No.68 of 2021
2
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a senior citizen aged 72 years, who is
suffering from various ailments, has filed R.C.O.P.No.78 of 2020 before
the Rent Control Court, Thrissur, a petition under Section 11(2)(b),
11(4)(ii), 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act,
1965, seeking eviction of the respondent-tenant from the petition
scheduled building bearing No.V/233D of Cherppu Grama Panchayat in
Thrissur District. The petitioner has filed this original petition under
Article 227 of the Constitution of India, seeking an order directing the
Rent Control Court, Thrissur, to dispose of R.C.O.P.No.78 of 2020 within
a time limit that may be fixed by this Court.
2. On 09.07.2021, when this Original Petition came up for
admission, this Court issued urgent notice on admission by speed post to
the respondent, returnable within two weeks. Registry was directed to
call for a report from the Rent Control Court, Thrissur, as to the present
status of R.C.O.P.No.78 of 2020 and also the time limit required for its
final disposal.
3. Pursuant to the above order, the report of the Rent Control
O.P.(R.C.)No.68 of 2021
Court dated 14.07.2021 is placed on record, wherein it is stated that a
period of at least nine months is required for final disposal of
R.C.O.P.No.78 of 2020.
4. The respondent has filed a counter affidavit on 03.08.2021,
raising various contentions. On 13.08.2021, the petitioner has filed a
reply affidavit.
5. Heard the learned counsel for the petitioner-landlord and
also the learned counsel for the respondent-tenant.
6. Various contentions have been raised in the counter affidavit
filed by the respondent and the reply affidavit filed by the petitioner,
touching the merits of the matter pending before the Rent Control Court.
It is for both sides to raise such contentions before the Rent Control
Court, at appropriate stage.
7. The learned counsel on both sides would point out that
R.C.O.P.No.78 of 2020 now stands posted to 08.09.2021, before the
Rent Control Court, for appearance of the respondent-tenant.
8. Learned counsel for the respondent-tenant would submit that
the tenant shall enter appearance before the Rent Control Court, on
08.09.2021, and file objection to the Rent Control Petition without any
delay.
O.P.(R.C.)No.68 of 2021
9. Having considered the submissions made by the learned
counsel on both sides, this Original Petition is allowed, directing the Rent
Control Court to finally dispose of R.C.O.P.No.78 of 2020, as
expeditiously as possible, at any rate, within a period of 'seven months'
from the date of production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
K. BABU, JUDGE
AS
O.P.(R.C.)No.68 of 2021
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RENT DEED DATED
5/12/2019 EXECUTED BETWEEN THE PETITIONER
AND RESPONDENT.
Exhibit P2 TRUE COPY OF THE TREATMENT DETAILS OF THE
PETITIONER ISSUED FROM AMALA INSTITUTE OF
MEDICAL SCIENCES, DATED 16/11/2018.
Exhibit P2A TRUE COPY OF THE TREATMENT DETAILS OF THE
PETITIONER ISSUED FROM AMALA INSTITUTE OF
MEDICAL SCIENCES, DATED 19/3/2021.
Exhibit P3 TRUE COPY OF THE R.C.O.P.NO.78/2020 FILED
BY THE PETITIONER BEFORE THE RENT CONTROL
COURT, THRISSUR.
Exhibit P4 TRUE COPY OF THE COUNTER STATEMENT DATED
20/10/2020, FILED BY THE PETITIONER
HEREIN BEFORE THE THAHSILDAR AND
ACCOMMODATION CONTROLLER, THRISSUR.
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED
28/07/2021 FILED BY THE PETITIONER BEFORE
THE SUPERINTENDENT OF POLICE , THRISSUR
RURAL.
Exhibit P6 TRUE COPY OF THE PLAINT IN
O.S.NO.1050/2020 FILED BY THE
RESPONDENT / TENANT, BEFORE THE MUNSIFF
COURT, THRISUR, ON 11/06/2020.
Exhibit P7 TRUE COPY OF ELECTRICITY BILL IN CONSUMER
NUMBER 1156392000725, ISSUED IN THE NAME
OF THE RESPONDENT.
