Lali vs Joshi.P
2022 Latest Caselaw 11252 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                            &
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
                          1944
                 OP (RC) NO. 216 OF 2022


PETITIONER/PETITIONER:

         LALI, AGED 55 YEARS
         D/O SARASAMMA, RESIDING AT LALI NIVAS,
         KAKKAMOOLA, KALLIYOOR P. O, KALLIYOOR VILLAGE,
         THIRUVANANTHAPURAM , PIN - 695042

         BY ADVS.
         R.HARIKRISHNAN (KAMBISSERIL)
         V.G.ARUN (K/795/2004)
         V.JAYA RAGI
         NEERAJ NARAYAN
         AVANEETH S.R.



RESPONDENT/RESPONDENT:

        JOSHI P., AGED 60 YEARS
        S/O PRABHAKARAN, 'KAILASAM', TC 2/1780 (GRA
        680), GOWREESAPATTOM, PATTOM P.O, PATTOM
        VILLAGE, THIRUVANANTHAPURAM, PIN - 695004


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) NO. 216 OF 2022

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                             JUDGMENT

A. MUHAMED MUSTAQUE, J.

The remarks of the officer is on board. No

further action is necessary on the basis of

the report.

2. This original petition was filed by the

petitioner in RCP No.5/2020 on the file of the

Rent Control Court, Thiruvananthapuram. The

petitioner sought eviction on the ground of

defaulted payment of rent as well as on the

ground of bona fide need. A petition under

Section 12 of the Kerala Buildings (Lease &

Rent Control) Act, 1965, was filed. However,

without considering the application, an order

under Section 12(1) of the Act was passed on

22.01.2022. It is submitted that the tenant

failed to comply with the order. Thereupon, no

orders have been passed under Section 12(3) of

the Act. Accordingly, the petitioner OP (RC) NO. 216 OF 2022

..3..

approached this Court in OP(RC) No.145/2022

and this Court directed the Rent Control Court

to pass final orders under Section 12(3) of

the Act, in accordance with law. However,

before passing orders, the Rent Control Court

appears to have listed the matter and

dismissed the rent control petition for want

of appearance. Thereafter, a review petition

was filed. Now, it is submitted at the Bar

that the review petition has been allowed.

3. There are complaints against the learned

officer, who heard the matter. Remarks have

been obtained and the same is received on

record. In view of the subsequent events, the

review petition has been allowed. Petitioners

have no qualms; it seems. Therefore, there

shall be a direction to the Rent Controller or

any other court in charge of the Rent

Controller to pass orders under Section 12(3)

of the Act after hearing both sides, without OP (RC) NO. 216 OF 2022

..4..

any delay, at any rate, within a period of two

weeks, if necessary, by preponing the case.

The OP(RC) is disposed of, accordingly.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

OP (RC) NO. 216 OF 2022

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APPENDIX OF OP (RC) 216/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PETITION IN RCP NO. 5 OF 2020 ON THE FILES OF THE RENT CONTROLLER, THIRUVANANTHAPURAM

Exhibit P2 THE TRUE COPY OF I.A NO. 4 OF 2021 IN RCP NO. 5 OF 2020 ON THE FILES OF THE RENT CONTROL COURT, (ADDITIONAL MUNSIFF -IV) RCC, THIRUVANANTHAPURAM DATED 04.08.2021

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 22.01.2022 IN I.A NO. 4 OF 2021 IN RCP NO. 5 OF 2020 ON THE FILES OF THE RENT CONTROL COURT, (ADDITIONAL MUNSIFF - IV) RCC, THIRUVANANTHAPURAM

Exhibit P4 THE TRUE COPY OF THE ORDER DATED 26.07.2022 OF THE HON'BLE HIGH COURT OF KERALA IN OP (RC) NO.145 OF 2022

Exhibit P5 THE TRUE COPY OF THE REVIEW PETITION NO. 1133 OF 2022 IN RCP NO. 5 OF 2020 ON THE FILES OF THE COURT OF RENT CONTROLLER, THIRUVANANTHAPURAM

Exhibit P6 THE PHOTOGRAPHS SHOWING THE PRESENT STAGE OF THE BUILDING