Kerala High Court
Anamika vs Ajitha 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. 119 OF 2022
SPEEDY DISPOSAL OF R.C.P.NO.32 OF 2018 ON THE FILES OF
THE RENT CONTROL COURT (MUNSIFF MAGISTRATE), SULTHAN
BATHERI
PETITIONER:
ANAMIKA, AGED 21 YEARS,D/O SUBRAMANYAN, RESIDING
IN THE ADDRESS ALAKADAVIL HOUSE, MADAPPALLY
KUNNU, PULPALLY DESOM, MADAPPALLY KUNNU,
PULPALLY P O, SULTHANBATHERY, WAYANAD TALUK,
WAYANAD DISTRICT, PIN - 673579
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT:
AJITHA, AGED 54 YEARS
W/O KUTTIKRISHNAN, RESIDING IN THE ADDRESS
CHERORAMANNIL HOUSE, PULPALLY TOWN, PULPALLY PO,
SULTHAN BATHERY, WAYANAD DISTRICT , PIN - 673579
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.119 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner, who filed R.C.P.No.32 of 2018 before the
Rent Control Court (Munsiff-Magistrate), Sulthan Batheri,
seeking eviction of the tenant from the petition schedule shop
room, under Section 11(3) of the Kerala Buildings (Lease and
Rent Control) Act, 1965, has filed this original petition under
Article 227 of the Constitution of India, seeking an order
directing the Rent Control Court, Sulthan Batheri to take up
and finallly dispose of R.C.P.No.32 of 2018 in a time bound
manner. A copy of the Rent Control Petition is marked as
Ext.P1. Ext.P3 is the counter statement filed by the
respondent-tenant. The petitioner has placed on record Ext.P2
discharge summary, in order to point out that her father is
suffering from serious ailments and he is under constant
treatment.
2. Heard the learned counsel for the petitioner-
landlord. Considering the nature of relief proposed to be
granted, service of notice on the respondent-tenant is
dispensed with.
O.P.(RC)No.119 of 2022
3. The learned counsel for the petitioner-landlord
would submit that the Rent Control Petition is of the year
2018 and therefore, a time bound disposal of the same is
highly essential, especially when the landlord's father is
suffering from serious ailments, as evidenced by Ext.P2
discharge summary.
Having considered the submissions made by the learned
counsel for the petitioner, this original petition is disposed of
by directing the Rent Control Court (Munsiff-Magistrate),
Sulthan Batheri to finally dispose of R.C.P.No.32 of 2018, as
expeditiously as possible, at any rate, within a period of four
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.119 of 2022
APPENDIX OF OP (RC) 119/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RENT CONTROL
PETITION FILED AS R.C.P NO. 32 OF
2018 DATED 02.11.2018 ON THE FILE OF
THE RENT CONTROL COURT, MUNSIFF
MAGISTRATE COURT, SULTAN BATHERY.
Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY
WITH COLLECTED RECORDS OF THE PATIENT
SUBRAMANYAN A K ISSUED DATED
23.03.2022 FROM THE WEST FORT HI-TECH
HOSPITAL LTD.
Exhibit P3 A TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE RESPONDENT HEREIN IN
R.C.P NO. 32 OF 2018 DATED 26.08.2019
ON THE FILE OF THE RENT CONTROL COURT
(MUNSIFF- MAGISTRATE COURT), SULTAN
BATHERY
Exhibit P4 A TRUE COPY OF THE COURT PROCEEDINGS
IN RCP NO. 32 OF 2018 ON THE FILE OF
RENT CONTROL COURT, MUNSIFF-
MAGISTRATE COURT, SULTAN BATHERY OF
DIFFERENT DATES, COPY DELIVERED ON
30.03.2022.
