Kerala High Court
Haridasan Mathilakath vs Kandamkulathi Francis ... on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP (RC) NO. 141 OF 2023
AGAINST THE ORDER RCP 113/2021 OF THE RENT CONTROLLER,
ERNAKULAM
RCA 4/2023 OF THE RENT CONTROL APPELLATE AUTHORITY AND
DISTRICT COURT, ERNAKAULAM
PETITIONERS/RESPONDENTS/PETITIONERS:
1 HARIDASAN MATHILAKATH
AGED 76 YEARSS/O DR. V.K NAIR 9D,
TRANSOM, LANDMARK WORLD,
NH 17 BYE-PASS, G.A COLLEGE P.O,
OLAVANNA PANCHAYATH,
KOZHIKODE - 673014
2 KANAKAM HARIDAS, AGED 73 YEARS
W/O HARIDASAN MATHILAKATH 9D,
TRANSOM, LANDMARK WORLD, NH 17 BYE-PASS,
G.A COLLEGE P.O, OLAVANNA PANCHAYATH,
KOZHIKODE - 673014, PIN - 673014
3 SIDHARTH HARIDAS, AGED 29 YEARS
S/O HARIDASAN MATHILAKATH
NOW RESIDING AT 9D, TRANSOM,
LANDMARK WORLD, NH 17 BYE-PASS,
G.A COLLEGE P.O, OLAVANNA PANCHAYATH,
KOZHIKODE - 673014, PIN - 673014
BY ADVS.PRAVEEN K. JOY
E.S.SANEEJ
T.A.JOY
M.P.UNNIKRISHNAN
N.ABHILASH
DEEPU RAJAGOPAL
ARDRA ANIL
ABISHA.E.R
ALBIN VARGHESE
FATHIMA SHALU S.
ANUPAMA NAIR
OP(RC) No.141 of 2023 2
RESPONDENT/APPELLANT/RESPONDENT:
KANDAMKULATHI FRANCIS VAIDYAN'S AYURVEDA VAIDYASALA
PRIVATE LTD
EARLIER KNOWN AS FRANCIS VAIDHYAN'S AYURVEDA VAIDYASALA
PRIVATE LTD KANDAMKULATHY HOUSE,
PARAPPURAM, KUZHUR P.O, THRISSUR-682 734
AND HAVING ADDRESS AT DESHABHIMANI ROAD,
ELAMAKKARA, ERNAKULAM-682 026
REPRESENTED BY ITS MANAGING DIRECTOR
FRANCIS PAUL K, S/O K F PAULOSE,
KANDAMKULATHY HOUSE, PIN - 682026
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC) No.141 of 2023 3
DR.A.K.JAYASANKARAN NAMBIAR,
&
MOHAMMED NIAS C.P., JJ
............................................................
OP(RC) No.141 of 2023
.............................................................
Dated this the 23rd day of August, 2023
JUDGMENT
Mohammed Nias.C.P. J.
This Original Petition is filed with a prayer iner alia for a direction to the
Rent Control Appellate Authority (District Court-VII), Ernakulam, to take up and
dispose Ext.P1 appeal within a time limit to be fixed by this Court. Dealing with
original petitions filed with similar prayers, we had given directions in our
judgment dated 22.5.2023 in O.P (RC) Nos.74 and 83 of 2023. The directions in
the said case will govern this case as well.
2. Accordingly, this Original Petition is closed without prejudice to the right
of the petitioner to move the court concerned with an application as directed in
the above judgment, in which event the court concerned will deal with the
application as directed in the judgment mentioned above. The above O.P(RC) is
disposed of as above.
Sd/-DR.A.K.JAYASANKARAN NAMBIAR, JUDGE
Sd/-MOHAMMED NIAS C.P., JUDGE
dlk 23.8.2023
APPENDIX OF OP (RC) 141/2023
PETITIONERS EXHIBITS
Exhibit P1 TRUE COPY OF THE APPEAL MEMORANDUM IN RCA NO.4/2023
DATED 18.01.2023 ON THE FILES OF RENT CONTROL
APPELLATE AUTHORITY (DISTRICT JUDGE), ERNAKULAM
Exhibit P2 TRUE COPY OF THE E-COURTS STATUS OF RCP NO. 113/2021
DATED 07.12.2022 OF RENT CONTROLLER COURT, ERNAKULAM
Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN IA NO.01/2023 IN
RCA NO.04/2023 DATED 03.06.2023 OF RENT CONTROL
APPELLATE AUTHORITY (DISTRICT JUDGE), ERNAKULAM
Exhibit P4 TRUE COPY OF THE E-COURT PROCEEDINGS IN RCA
NO.04/2023 DATED 03.06.2023
Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM
ASTER MIMS, CALICUT DATED 10.05.2022
Exhibit P6 TRUE COPY OF THE E-COURT STATUS OF THE RCP
NO.113/2021 DATED 05.08.2023
