Kerala High Court
John T. Chandy vs Kunnappilly Traders on 25 January, 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 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
O.P(R.C)NO.18 OF 2022
(R.C.A.NO.14 OF 2017 OF RENT CONTROL APPELLATE AUTHORITY,
THRISSUR)
PETITIONER/APPELLANT:
JOHN T.CHANDY
S/O.CHANDY(LATE)
AGED 52 YEARS
CHANDY HOUSE, MISSION QUARTERS,
THRISSUR VILLAGE, THRISSUR (PO), THRISSUR DT.
PIN - 680 001
BY ADVS.
T.K.AJITH KUMAR
AISWARYA RAMESAN
RESPONDENT/RESPONDENT:
KUNNAPPILLY TRADERS
18/1113, RICE BAZAR, THRISSUR (PO), THRISSUR DT,
REPRESENTED BY ITS PARTNER, MRS.DAISY VARGHESE,
WIFE OF VARGHESE KUNNAPPILLY, AGED 53 YEARS,
KIZHAKKUMPATTUKARA (PO), THRISSUR VILLAGE,
THRISSUR DT., PIN: 680 005 (CORRECTED)
(THE ADDRESS OF THE RESPONDENT IS CORRECTED AS
'KUNNAPPILLY TRADERS, 18/1113, RICE BAZAR,
THRISSUR (PO), THRISSUR DISTRICT, REPRESENTED BY
ITS PARTNER, MRS. DAISY VARGHESE, W/O. VARGHESE
KUNNAPPILLY, AGED 53 YEARS, 'KUNNAPPILLY HOUSE',
KIZHAKKUMPATTUKARA (PO), THRISSUR VILLAGE,
THRISSUR DISTRICT, PIN: 680 005'
AS PER ORDER DATED 17/01/2022 IN IA 1/2022 IN
UNNUMBERED OP(RC).../2021 (FILING NUMBER
20815/2021)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(RC) No.18 of 2022
JUDGMENT
Anil K. Narendran, J
The petitioner filed R.C.P.No.20 of 2014 before the Rent
Control Court, Thrissur, a petition filed under Section 5 of the
Kerala Buildings (Lease and Rent Control) Act, 1965, for fixation of
fair rent of the petition schedule shop room bearing Door
No.18/1113, having a plinth area of 900 Sq.Feet, situated in 1.5
cents of property in Division No.18 of Thrissur Municipal
Corporation, occupied by the respondent herein-tenant. By the
order dated 06.01.2017, the Rent Control Court allowed R.C.P.No.20
of 2014 in part, by fixing the fair rent of the petition schedule shop
room as Rs.9,000/-, as against Rs.36,000/- claimed by the landlord.
Dissatisfied with the fixation of fair rent by the Rent Control Court,
the landlord filed R.C.A.No.14 of 2017 before the Rent Control
Appellate Authority, Thrissur, invoking the provisions under Section
18(1)(b) of the Act. Now the petitioner-landlord has filed this
original petition, invoking the supervisory jurisdiction of this Court
under Article 227 of the Constitution of India, seeking time bound
consideration of R.C.A.No.14 of 2017 pending before the Rent
Control Appellate Authority, Thrissur.
2. Heard the learned counsel for the petitioner-landlord.
OP(RC) No.18 of 2022
3. Considering the nature of relief proposed to be granted,
service of notice on the respondent-tenant is dispensed with.
4. The learned counsel for the petitioner would submit that
R.C.A.No.14 of 2017 filed by the landlord arises out of a Rent
Control Petition of the year 2014 filed under Section 5 of the Act,
for fixation of fair rent. The order of the Rent Control Court is one
dated 06.01.2017. The appeal filed by the landlord, dissatisfied
with the fixation of fair rent, is pending consideration before the
Appellate Authority for the last more than four years.
Having considered the submission made by the learned
counsel for the petitioner-landlord, we deem it appropriate to
dispose of this original petition by directing the Rent Control
Appellate Authority, Thrissur to finally dispose of R.C.A.No.14 of
2017, as expeditiously as possible, at any rate, 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
PV
OP(RC) No.18 of 2022
APPENDIX OF OP (RC) 18/2022
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE MEMORANDUM OF APPEAL IN
RCA 14/2017 PENDING BEFORE THE RENT
CONTROL APPELLATE AUTHORITY, THRISSUR.
