Kerala High Court
Pathu Parappurath ... vs Abdul Azeez on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP (RC) NO. 131 OF 2022
SPEEDY DISPOSAL OF R.C.P.NO.5 OF 2018 OF THE RENT CONTROL
COURT (MUNSIFF), THALIPARAMBA
PETITIONER/PETITIONER:
PATHU PARAPPURATH PUTHIYAPURAYIL
AGED 68 YEARS, W/O.K.V.ABOOBACKER, 'SHAMIYANA,
TALIPARAMBA.P.O, TALIPARAMBA AMSOM DESOM,
TALIPARAMBA TALUK, KANNUR DISTRICT., PIN -
670141
BY ADVS.V.A.SATHEESH
V.T.MADHAVANUNNI
ANAND V.S
RESPONDENTS/RESPONDENTS:
1 ABDUL AZEEZ, AGED 47 YEARS, S/O.K.P.C.ALI HAJI,
ANNACHI PURAYIL @ ANNACHI PUTHIYAPURAYIL,
K.P.C.ALI HAJI & COMPANY, DEALER OF ACC CEMENT,
NATIONAL HIGHWAY, TALIPARAMBA P.O, TALIPARAMBA
AMSOM, KANNUR DISTRICT, PIN - 670141
2 ABDUL RASHEED, AGED 44 YEARS
ANNACHI POURAYIL @ ANNACHI PUTHIYAPURAYIL,
K.P.C.ALI HAJI & COMPANY, DEALER OF ACC CEMENT,
NATIONAL HIGHWAY, TALIPARAMBA.P.O, TALIPARAMBA
AMSOM, KANNUR DISTRICT, PIN - 670141
3 ANWAR, AGED 42 YEARS
ANNACHI PURAYIL @ ANNACHI PUTHIYAPURAYIL,
K.P.C.ALI HAJI & COMPANY, DEALER OF ACC CEMENT,
NATIONAL HIGHWAY, TALIPARAMBA.P.O, TALIPARAMBA
AMSOM, KANNUR DISTRICT, PIN - 670141
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
OP(RC)No.131 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner filed R.C.P.No.5 of 2018 before the Rent
Control Court (Munsiff), Thaliparamba under Sections 11(2)
(b) and 11(3) of the Kerala Buildings (Lease and Rent Control)
Act, 1965, seeking eviction of the respondents herein-tenants
from the petition schedule building bearing No.T.M.C.XI-1768.
In the said Rent Control Petition, which is one filed on
12.01.2018, the tenants entered appearance and filed counter
on 01.01.2019. The grievance of the petitioner is that the
Rent Control Court is yet to dispose of R.C.P.No.5 of 2018.
Hence, the petitioner has approached this Court by filing 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.5 of 2018, expeditiously.
2. Heard the learned counsel for the petitioner-
landlord. Considering the nature of relief proposed to be
granted, service of notice on the respondents-tenants is
dispensed with.
3. The learned counsel for the petitioner-landlord
OP(RC)No.131 of 2022
would submit that, since the Rent Control Petition is one filed
on 12.01.2018 and the petitioner is a senior citizen aged 68
years, a time bound disposal of R.C.P.No.5 of 2018 is highly
essential, especially when the tenants have already filed their
counter on 01.01.2019.
Having considered the submissions made by the learned
counsel for the petitioner-landlord, this original petition is
disposed of by directing the Rent Control Court, Thaliparamba
to finally dispose of R.C.P.No.5 of 2018, as expeditiously as
possible, at any rate, within a period of three months from the
date of receipt of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/7/7
OP(RC)No.131 of 2022
APPENDIX OF OP (RC) 131/2022
PETITIONER EXHIBITS
Exhibit.P1 A TRUE COPY OF THE PETITION IN
R.C.P.NO.5/2018 OF THE RENT CONTROL
(MUNSIFF) COURT, TALIPARAMBA.
Exhibit.P2 A TRUE COPY OF THE COUNTER IN
R.C.P.NO.5/2018 OF RENT CONTROL
(MUNSIFF) COURT, TALIPARAMBA.
