Kerala High Court
Rafna Rasik P.M vs K.C.Ananthalakshmy on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP (RC) NO. 9 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 5.01.2023 IN I.A
NO.2794/2022 IN RCP 8/2019 OF MUNSIFF COURT, CHITTUR
PETITIONER/RESPONDENT/RESPONDENT:
RAFNA RASIK P.M, AGED 38 YEARS, W/O. MUHAMMAD
RASIK, KONDAYAN HOUSE, SHANTHI COLONY,
CHANDRANAGAR, PALAKKAD DISTRICT, (RUNNING MARGIN
FREE SHOP, KOZHINJAMPARA, POLLACHI ROAD, CHITTUR
TALUK, PALAKKAD DISTRICT, PIN-678 555.
BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
ANU JACOB
DIVYA R. NAIR
RESPONDENTS/PETITIONERS/PETITIONERS:
1 K.C.ANANTHALAKSHMY, AGED 48 YEARS, D/O. K.C.
SUBBARAYAN, BUILDING NO.5/551, OPPOSITE
KOZHINJAMPARA POLICE STATION, CHITTUR TALUK,
PALAKKAD DISTRICT., PIN - 678 555
2 K.C.MURUKESAN, AGED 45 YEARS, S/O. K.C.
SUBBARAYAN, BUILDING NO.5/551, OPPOSITE
KOZHINJAMPARA POLICE STATION, CHITTUR TALUK,
PALAKKAD DISTRICT., PIN - 678 555
BY ADVS.
T.C.SURESH MENON
B.DEEPAK(K/532/2012)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (RC) NO. 9 OF 2023
..2..
J U D G M E N T
A. Muhamed Mustaque, J
The petitioner is the respondent in RCP No.8 of
2019 on the file of the Rent Control Court, Chittur.
Earlier in this matter, a Commission was taken out
and filed a report. Thereafter, at the time of
trial, a fresh Commission application was filed by
the landlord to prove that there are vacant rooms
available in the locality. This has been allowed and
a Commission report also has been filed.
2. According to the learned counsel for tenant,
the 2nd commission is not legally permissible unless
and until the earlier Commission report is set aside.
It is further submitted that the tenant would be
deprived from raising objection to the 2nd Commission
report as the Commission report was sought at the fag
end of the trial.
3. As of now, the Commissioner has already
filed a report. The Court can very well hear the
objections of the petitioner in regard to the
acceptance or placing reliance on the Commission
OP (RC) NO. 9 OF 2023
..3..
report. The petitioner can also challenge the order,
if the petitioner is finally aggrieved by the outcome
of the proceedings. There is no necessity to
interfere with the impugned order.
4. The learned counsel for the petitioner
submits that he may be permitted to file a petition
to summon the documents from the local authority in
regard to the rooms referred to in the Commission
report. The petitioner is given liberty to move such
application before the Rent Controller. The petition
for summoning the documents from the local authority
shall be filed within three days from today. With
liberty and observations as above and without
interfering with the impugned order, this original
petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
OP (RC) NO. 9 OF 2023
..4..
APPENDIX OF OP (RC) 9/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE R.C.P NO.8/2019 OF
THE RENT CONTROL COURT (MUNSIFF),
CHITTUR DATED 18.09.2019.
Exhibit-P2 A TRUE COPY OF THE OBJECTION FILED BY
THE TENANT IN R.C.P NO.8/2019 OF THE
RENT CONTROL COURT (MUNSIFF), CHITTUR.
Exhibit-P3 A TRUE COPY OF THE REPORT OF THE
ADVOCATE COMMISSIONER IN I.A
NO.1797/2019 IN IN R.C.P NO.8/2019 OF
THE RENT CONTROL COURT (MUNSIFF),
CHITTUR.
Exhibit-P4 A TRUE COPY OF THE I.A NO.2794/2022 IN
R.C.P NO.8/2019 OF THE RENT CONTROL
COURT (MUNSIFF), CHITTUR DATED
12.12.2022.
Exhibit-P5 A TRUE COPY OF THE OBJECTION FILED BY
THE TENANT IN I.A NO.2794/2022 IN
R.C.P NO.8/2019 OF THE RENT CONTROL
COURT (MUNSIFF), CHITTUR DATED
21.12.2022 .
Exhibit-P6 A TRUE COPY OF THE ORDER DATED
05.01.2023 IN I.A. NO.2794/2022 IN
R.C.P NO.8/2019 OF THE RENT CONTROL
(MUNSIFF) COURT, CHITTUR.
