Kerala High Court
Subash vs Nandakumar on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP (RC) NO. 115 OF 2022
SPEEDY DISPOSAL OF R.C.A.NO.31 OF 2018 ON THE FILE OF THE
RENT CONTROL APPELLLATE AUTHORITY (ADDITIONAL DISTIRCT &
SESSIONS COURT-IV), THRISSUR AGAINST E.P.NO.544 OF 2018
IN R.C.P.NO.36 OF 2016 OF THE RENT CONTROL (MUNSIFF)
COURT, CHAVAKKAD
PETITIONERS/RESPONDENTS/DECREE HOLDERS/PETITIONERS:
1 SUBASH, AGED 59 YEARS, S/O.KRISHNANKUTTY,
KANJIRAPARAMBIL, KAIPAMANGALAM VILLAGE AND
DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN - 680681
2 LASITHA, AGED 51 YEARS, W/O.SUBASH,
KANJIRAPARAMBIL, KAIPAMANGALAM VILLAGE AND
DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN - 680681
BY ADV SUMODH MADHAVAN NAIR
RESPONDENTS/APPELLANTS/JUDGMENT DEBTOR/RESPONDENT:
NANDAKUMAR, AGED 52 YEARS, S/O.SAHADEVAN,
AALAKKAL, NATTIKA VILLAGE AND DESOM,
(FEATHER TOUCH POLY JUNCTION), TRIPRAYAR,
THRISSUR, PIN - 680567
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
O.P.(RC)No.115 of 2022
JUDGMENT
Anil K. Narendran, J.
The appellants filed R.C.P.No.36 of 2016 before the Rent
Control Court (Munsiff), Chavakkad, under Sections 11(2)(b)
and 11(3) of the Kerala Buildings (Lease and Rent Control)
Act, 1965, seeking eviction of the respondent herein-tenant
from the petition schedule shop room. In the said Rent Control
Petition, the Rent Control Court passed Ext.P1 order dated
11.09.2018, invoking its powers under Section 12(3) of the
Act, whereby, the tenant is directed to surrender vacant
possession of the petition schedule shop room to the landlords
within one month from the date of that order, failing which,
the landlords are at liberty to execute the said order through
the process of court. The landlords filed E.P.No.544 of 2018
before the Munsiff's Court, Chavakkad for executing Ext.P1
order. Challenging Ext.P1 order of eviction dated 11.09.2018
passed by the Rent Control Court in R.C.P.No.36 of 2016, the
tenant filed R.C.A.No.31 of 2018 before the Rent Control
Appellate Authority (IVth Additional District & Sessions Judge),
Thrissur, invoking the provisions under Section 18(1)(b) of the
O.P.(RC)No.115 of 2022
Act. The said appeal is now pending consideration before the
Appellate Authority. The grievance of the petitioners in this
original petition filed under Article 227 of the Constitution of
India, is the delay in disposal of R.C.A.No.31 of 2018 filed by
the respondent-tenant.
2. Heard the learned counsel for the petitioners-
landlords. Considering the nature of relief proposed to be
granted, service of notice on the respondent-tenant is
dispensed with.
3. The learned counsel for the petitioners-landlords
would point out that in view of the order of stay granted by
the Appellate Authority in R.C.A.No.31 of 2018, E.P.No.544 of
2018 filed by the landlords for executing Ext.P1 order of
eviction in R.C.P.No.36 of 2016 is kept pending. Therefore,
time bound consideration of the aforesaid appeal is highly
essential.
Having considered the submissions made by the learned
counsel for the petitioners-landlords, this original petition is
disposed of by directing the Rent Control Appellate Authority
(IVth Additional District & Sessions Judge), Thrissur, to finally
O.P.(RC)No.115 of 2022
dispose of R.C.A.No.31 of 2018, as expeditiously as possible,
at any rate, within a period of two months from the date of
production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/27/6
O.P.(RC)No.115 of 2022
APPENDIX OF OP (RC) 115/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 11/9/2018
AND PASSED BY THE RENT CONTROLLER,
RENT CONTROL COURT OF CHAVAKKAD, IN
R.C.P. 36/2016
Exhibit P2 TRUE COPY OF THE EXECUTION PETITION
NUMBERED AS E.P. 544/2018 AND
PREFERRED BY THE PETITIONERS BEFORE
THE MUNSIFF COURT, CHAVAKKAD ON
5/11/2018 AND UNDER ORDER 21 RULE 35
C.P.C.
Exhibit P3 TRUE COPY OF THE APPEAL NUMBERED AS
R.C.A. 31/2018 PREFERRED BEFORE THE
RENT CONTROL APPELLATE AUTHORITY,
THRISSUR UNDER SECTION 18(1)(b) OF THE
KERALA BUILDINGS (LEASE AND RENT
CONTROL)ACT, 1965 AND DATED 11/10/2018
