Radhakrishnan vs Aakash P Ashok
2022 Latest Caselaw 10351 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
   FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                    OP (RC) NO. 191 OF 2022
(I.A.NO.2/2022 IN RCP 42/2022 OF RENT CONTROL COURT,THRISSUR)
PETITIONERS/PETITIONERS:

    1     RADHAKRISHNAN
          AGED 61 YEARS
          S/O SREEDHARAN NAIR, KOCHATTIL HOUSE, PERINGANDOOR.
          P.O., PERINGANDOOR DESOM, PERINGANDOOR VILLAGE,
          THALAPPILLI TALUK, THRISSUR DISTRICT - 680 581
          REPRESENTED THROUGH THEIR POWER OF ATTORNEY HOLDER
          SRI. MOHANDAS. V.G, S/O GOPALAN NAIR, AGED 61
          YEARS, VAZHUVALIL HOUSE, MANNUTHY. P.O.,
          NETTISSERY, MADAKKATHARA, THRISSUR, KERALA, PIN -
          680651

    2     SUJATHA
          AGED 56 YEARS
          W/O RADHAKRISHNAN,KOCHATTIL HOUSE, PERINGANDOOR.
          P.O., PERINGANDOOR DESOM, PERINGANDOOR VILLAGE,
          THALAPPILLI TALUK, THRISSUIR DISTRICT - 680 581
          REPRESENTED THROUGH THEIR POWER OF ATTORNEY HOLDER
          SRI. MOHANDAS. V.G, S/O GOPALAN NAIR, AGED 61
          YEARS, VAZHUVALIL HOUSE, MANNUTHY. P.O.,
          NETTISSERY, MADAKKATHARA, THRISSUR, KERALA, PIN -
          680651

          BY ADVS.
          ALEX.M.SCARIA
          SARITHA THOMAS
          ALEN J. CHERUVIL
          SAHL ABDUL KADER
          SANJITH KUMAR R.
 O.P(RC) No.191 of 2022

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RESPONDENT/RESPONDENT:

           AAKASH P ASHOK
           AGED 27 YEARS
           S/O ASHOK KUMAR. P.M.,PULIKKAPARAMBIL HOUSE, NEAR
           LAKSHMI MANZIL, PULLAZHI. P.O., MANAKKODI DESOM,
           OLARI VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT,
           PIN - 680012


    THIS OP (RENT CONTROL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P(RC) No.191 of 2022

                                   ..3..

                             JUDGMENT

SHOBA ANNAMMA EAPEN, J.

The petitioners are the petitioners/landlords in

R.C.P.No.42 of 2022 on the file of the Rent Control Court, Thrissur

represented by their Power of Attorney Holder. The Rent Control

Petition is filed by the landlords under Section 11(3) and 11(4)(ii) of the

Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the

Act'), seeking eviction of the tenant on bona fide need of the building

for the occupation of the dependents of the petitioners.

2. During the pendency of the Rent Control Petition, the

petitioners/landlords filed IA No.2/2022, an application under Section

12 of the Act seeking an order directing the tenant to deposit the

admitted arrears of rent. The counsel for the petitioners submits that

though the Interlocutory application was filed as early as on

15.03.2022, the Rent Control Court has not so far disposed of the

application causing difficulty to the petitioners/landlords.

3. This petition is filed under Article 227 of the

Constitution of India seeking for a direction to the Rent Control

Court,Thrissur, to dispose of I.A.No.2 of 2022 within a time frame. O.P(RC) No.191 of 2022

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4. Heard the learned counsel for the petitioners.

Having considered the nature of the relief proposed to be granted, the

notice to respondent is dispensed with.

5. Ext.P1 is the Rent Control Petition filed by the

petitioners/landlords for eviction of the tenant on the ground of bona

fide need. During the pendency of the said appeal, the petitioners have

filed Ext.P2, I.A.No.2/2022 an application under Section 12 of the Act

before the Rent Control Court, seeking an order directing the tenant to

deposit the admitted arrears of rent. Ext.P2 was filed on 15.03.2022.

The counsel for the petitioners submits that the delay in considering

Ext.P2 application is causing serious hardships to the petitioners.

Hence, speedy disposal of I.A.No.2/2022 is warranted.

6. In the said circumstances, in order to meet the interest

of justice, a direction can be given to the Rent Control Court, Thrissur

to dispose of the I.A.No.2/2022 in R.C.P.No.42/2022 in a time bound

manner.

Hence, this Original Petition (R.C) is disposed of with a

direction to the Rent Control Court, Thrissur to consider and dispose

of I.A.No.2/2022 in R.C.P.No.42/2022 on its file, in accordance with

law, within a period of four weeks from the date of production of a O.P(RC) No.191 of 2022

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certified copy of this judgment. The petitioners/landlords shall serve

a copy of this Original Petition (RC) as well as a copy of the judgment

to the respondent/tenant.

The Original Petition (RC) is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

sd/-

SHOBA ANNAMMA EAPEN, JUDGE

MBS/ O.P(RC) No.191 of 2022

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APPENDIX OF OP (RC) 191/2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION FILED IN RCP. NO. 42 OF 2022 DATED 08/04/2022 ON THE FILES OF HONOURABLE RENT CONTROL COURT THRISSUR

Exhibit P2 TRUE COPY OF THE I.A.NO 2 OF 2022 IN RCP.

NO. 42 OF 2022, DATED 08/04/2022 ON THE FILES OF THE HONOURABLE RENT CONTROL COURT, THRISSUR