Sreeja P.Sivanandan vs Mary K.A
2021 Latest Caselaw 20038 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
             THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                  OP (RC) NO. 116 OF 2020
EXPEDITIOUS DISPOSAL OF R.C.P.NO.123 OF 2019 RENT CONTROL
                     COURT, ERNAKULAM
PETITIONER/PETITIONER IN RCP NO.123/19:

         SREEJA P.SIVANANDAN
         AGED 38 YEARS
         W/O.BALAMURALI P.K., TEMPORARILY RESIDING AT SAI
         PUTHENPURAKKAL, NEAR ODAMPALLY TEMPLE, PANAVALLI
         P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 526

         BY ADVS.
         INNOCENT FRANCIS PAPALI
         SMT. TINCY M.B.



RESPONDENT/RESPONDENT IN RCP NO.123/19:

         MARY K.A
         AGED 57 YEARS
         D/O.K.P.ANTONY, RESIDING AT KACHAPPILLY HOUSE,
         ANGAMALY, ERNAKULAM DISTRICT, PIN-683 572
         NOW RESIDING AT BUILDING NO.1/140 B 25 (VILLA
         B), SREEJI VRINDAVAN, THRIPUNITURA MUNICIPALITY,
         NORTH IRIMPANAM, EROOR ROAD, IRIMPANAM P.O.,
         PIN-682 309


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                -2-

OP (RC) NO. 116 OF 2020



                           JUDGMENT

Anil K. Narendran, J.

The petitioner filed R.C.P.No.123 of 2019 before the Rent

Control Court, Ernakulam under Sections 11(3) and 11(4) of

the Kerala Buildings (Lease and Rent Control) Act, 1965,

seeking eviction of the respondent herein-tenant from the

petition schedule building. The petitioner has filed this original

petition under Article 227 of the Constitution of India, seeking

an order directing the Rent Control Court to dispose of

R.C.P.No.123 of 2019, as expeditiously as possible, within a

time limit to be fixed by this Court.

2. On 10.11.2020, when this original petition came up

for admission, this Court issued notice before admission to the

respondent.

3. By the order dated 05.02.2021 in R.C.P.No.123 of

2019, the Rent Control Court has already ordered eviction of

the respondent-tenant from the petition schedule building

under Section 11(3) of the Act.

In such circumstances, no orders are required in this

OP (RC) NO. 116 OF 2020

original petition and the same is accordingly, dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE AV/25/9

OP (RC) NO. 116 OF 2020

APPENDIX OF OP (RC) 116/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RCP NO.123/2019 FILED BY THE PETITIONER BEFORE THE HON'BLE RENT CONTROL COURT, ERNAKULAM

EXHIBIT P2 TRUE COPY OF THE AGREEMENT OF LEASE DATED 4.4.2018 EXECUTED BY THE PETITIONER AND THE RESPONDENT

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN EXHIBIT P1 RCP NO.123/2019 BEFORE THE HON'BLE RENT CONTROL COURT, ERNAKULAM

EXHIBIT P4 TRUE COPY OF THE IA NO.8902/2019 FILED BY THE PETITIONER IN RCP NO.123/2019 BEFORE THE HON'BLE RENT CONTROL COURT, ERNAKULAM

EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN IA.NO.8902/2019 IN RCP NO.123/2019 BEFORE THE HON'BLE RENT CONTROL COURT, ERNAKULAM

EXHIBIT P6 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE OF THE KSEB LTD., DATED 1.8.2020 NO.5551200800903

EXHIBIT P7 TRUE COPY OF THE IA NO.03/2020 FILED IN RCP NO.123/2019 BEFORE THE HON'BLE RENT CONTROL COURT, ERNAKULAM

EXHIBIT P8 TRUE COPY OF THE IA NO.2/2020 FILED IN EXHIBIT P1 RCP BEFORE THE HONOURABLE RENT CONTROL COURT, ERNAKULAM FOR ADVANCING THE CASE.