Kerala High Court
Majeedkutty vs Thaha on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
O.P.(RC) NO. 29 OF 2022
FOR SPEEDY DISPOSAL OF R.C.A.NO.2 OF 2021 BEFORE THE RENT
CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE-IV),
KOLLAM
PETITIONER:
MAJEEDKUTTY,
AGED 70 YEARS, S/O KOCHUKUNJU,
KAVIL VEEDU, VENGA MURI, VENGA P O,
MYNAGAPPALLY VILLAGE, KUNNATHUR TALUK,
KOLLAM-690521.
BY ADV A.KRISHNAN
RESPONDENTS:
1 THAHA
AGED 62 YEARS, S/O MEERA SAHIB,
THARIF MANZIL, MANAYILKULANGARACHERRY,
KOLLAM WEST VILLAGE, KOLLAM-691002.
2 SHAHUBANATH
AGED 56 YEARS, W/O THAHA,
THARIF MANZIL, MANAYILKULANGARACHERRY,
KOLLAM WEST VILLAGE, KOLLAM-691002.
THIS O.P.(RENT CONTROL) HAVING COME UP FOR FINAL
HEARING ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2
O.P.(RC) No.29 of 2022
JUDGMENT
Ajithkumar, J.
This original petition was filed under Article 227 of the
Constitution of India, seeking an order directing early disposal
of R.C.A.No.2 of 2021 and I.A.No.2 of 2021 in that appeal
pending before the Rent Control Appellate Authority
(Additional District Judge-IV), Kollam, within a time limit to be
fixed by this Court.
2. When this matter came up for consideration on
09.02.2022, on admitting the petition to file, ordered notice to
be served on the counsel appearing for the respondents before
the Appellate Authority, where R.C.A.No.2 of 2021 is pending
consideration. The learned counsel appearing for the petitioner
filed a memo accompanied by an affidavit stating that when a
copy of this original petition was tendered, the learned counsel
appearing for the respondents before the Appellate Authority
was reluctant to accept the same. Considering that fact and also
the relief proposed to be granted in the matter, we dispense
with service of notice on the respondents.
O.P.(RC) No.29 of 2022
3. The petitioner filed R.C.P.No.42 of 2012 before the
Rent Control Court (Additional Munsiff), Kollam, seeking
eviction under Section 11(2)(b) and 11(3) of the Kerala
Buildings (Lease and Rent Control) Act, 1965. The Rent
Control Court as per Ext.P1 ordered eviction under Section
11(3) of the Act. An appeal was preferred by the respondent.
The Appellate Authority as per Ext.P2 judgment dated
23.01.2020 dismissed the appeal and thereby confirmed the
order of eviction. Having the order of eviction become final,
the petitioner filed an execution petition and at that time, he
realised that the schedule of the tenanted building was not
added in the eviction petition. Therefore, the petitioner filed
Ext.P3 interlocutory application before the Rent Control Court
with a prayer to add the schedule of the tenanted premises to
the petition for eviction. The respondent filed a statement of
objection to that interlocutory application. The Rent
Control Court after hearing both sides dismissed the
application as per Ext.P4 order. Challenging legality of Ext.P4,
the petitioner filed R.C.A.No.2 of 2021 before the Appellate
O.P.(RC) No.29 of 2022
Authority, which is now pending before the Additional District
Court-IV, Kollam.
4. The grievance of the petitioner is that despite filing
Ext.P5, Interlocutory Application No.2 of 2021, seeking to
hear and dispose of R.C.A.No.2 of 2021 on an early date, the
Appellate Authority has yet to consider the said application
and the appeal. The petitioner therefore seeks a direction to
the Appellate Authority for disposal of the said interlocutory
application and the appeal within the time frame to be fixed
by this Court.
5. The petitioner is aged 70 years. It is stated that he
is suffering from kidney diseases and had to have a kidney
transplant. The appeal, R.C.A.No.2 of 2021, relates to a
simple dispute. On account of the pendency of the said
appeal, the petitioner is not able to enjoy the fruits of the
order of eviction granted in his favour. Considering the said
matters, we deem it appropriate that R.C.A.No.2 of 2021 is
required to be disposed of by the Appellate Authority within a
time frame.
O.P.(RC) No.29 of 2022
6. In the above circumstances, we dispose of this
original petition by directing the Rent Control Appellate
Authority (Additional District Judge-IV), Kollam to dispose of
R.C.A.No.2 of 2021 within a period of three months from the
date of production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC) No.29 of 2022
APPENDIX OF OP (RC) 29/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED
19.01.2018 IN R.C.P.NO.42 OF 2012 BY
THE RENT CONTROL COURT, KOLLAM.
Exhibit P2 TRUE COPY OF ORDER DATED 23.01.2020 BY
THE RENT CONTROL APPELLATE AUTHORITY,
KOLLAM.
Exhibit P3 TRUE COPY OF I A NO. 2 OF 2020 DATED
09.05.2020 OF THE RENT CONTROL COURT,
KOLLAM.
Exhibit P3(a) TRUE COPY OF OBJECTION DATED
18.08.2020 TO EXT.P3.
Exhibit P4 TRUE COPY OF ORDER DATED 09.11.2020 IN
EXT.P3.
Exhibit P5 TRUE COPY OF R.C.A.NO.2 OF 2021 FILED
BEFORE THE RENT CONTROL APPELLATE
AUTHORITY, KOLLAM DATED 08.02.2021.
Exhibit P5(a) TRUE COPY OF I.A.NO.2 OF 2022 DATED
17.12.2021 IN R.C.A.NO. 2 OF 2021,
FILED BEFORE THE RENT CONTROL
APPELLATE AUTHORITY, KOLLAM.
