Kerala High Court
Sasidharan vs Tom Koshy on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
RCREV.NO. 191 OF 2023
AGAINST THE ORDER/JUDGMENT IN RCA NO.2 OF 2021 OF
ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
REVISION PETITIONER/APPELLANT/1ST COUNTER PETITIONER:
SASIDHARAN
AGED 69 YEARS
S/O.AYYAPPAN SREEDHARAN, KOTTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
BY ADVS.
P.SIVARAJ
M.MEHAR FARSANA
MEGHS.M.S.
RESPONDENTS/PETITIONERS/COUNTER PETITIONERS 2 TO 11:
1 TOM KOSHY
AGED 48 YEARS
S/O.KOSHY THANKACHAN, POOSARI BUNGLOW,
CHIRAKADAVAM MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
2 RADHAMMA
AGED 67 YEARS
D/O. AYYAPPAN SREEDHARAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
R.C.R.No.191 of 2023 2
3 MOHANAN
AGED 65 YEARS
S/O. AYYAPPAN SREEDHARAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
4 BALACHANDRAN
AGED 63 YEARS
S/O.AYYAPPAN, KATTUVALLIL SREEDHARAN AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KEKAPPALLY TALUK, PIN - 690502
5 THULASEEDHARAN
AGED 61 YEARS
S/O. AYYAPPAN SREEDHARAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
6 GOPALAKRISHNAN
AGED 59 YEARS
S/O. AYYAPPAN SREEDHARAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
7 SASIKALA
AGED 57 YEARS
D/O. AYYAPPAN SREEDHARAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
8 LATHIKA KUMARI
AGED 55 YEARS
D/O. AYYAPPAN SREEDHARAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
9 SURESH KUMAR
AGED 53 YEARS
S/O. AYYAPPAN SREEDHARAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
R.C.R.No.191 of 2023 3
10 INDHU
AGED 45 YEARS
, AGED 45 YEARS, W/O. LATE MADHUSOODHANAN,
KATTUVALLIL AMRUTHAM HOUSE, CHERAVALLY MURI,
KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK., PIN -
690502
11 POOJA
AGED 24 YEARS
D/O. LATE MADHUSOODHANAN, KATTUVALLIL AMRUTHAM
HOUSE, CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPPALLY TALUK, PIN - 690502
BY ADV JAISHRI SHEBA JACOB
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.C.R.No.191 of 2023 4
P.B.SURESH KUMAR & P.G.AJITHKUMAR, JJ.
-----------------------------------------------
R.C.Rev. No.191 of 2023
-----------------------------------------------
Dated this the 16th day of October, 2023
ORDER
P.B.Suresh Kumar, J.
One of the legal representatives of the deceased
tenant in a proceedings for eviction under the Kerala Buildings
(Lease and Rent Control) Act, (the Act) has instituted this
revision challenging the concurrent orders of eviction suffered
by him.
2. On 08.09.2023, when the matter came up for
admission, we passed the following order.
"After arguing the matter on merits for quite some
time, having convinced that the arguments advanced on
behalf of the petitioner are not acceptable to the Court,
the learned counsel for the petitioner alternatively prayed
for a reasonable time to surrender vacant possession of
the premises.
In the light of the alternative plea aforesaid made
by the learned counsel for the petitioner, registry is
directed to issue notice before admission to the first
respondent by special messenger. Notice to the remaining
respondents is dispensed with for the time being.
List the matter on 13.09.2023."
In the meanwhile, if the petitioner has not already
been evicted, further proceedings in execution of the
impugned order of eviction shall be deferred till
13.09.2023."
Later, when the matter came up for orders on 15.09.2023, we
have directed the registry to list the matter for hearing, in the
light of the developments stated therein. The said order reads
thus:
"When this matter was taken up today, it was
reported by the learned counsel for the respondents that
pursuant to the decision impugned in the revision petition,
the tenanted premises which is the subject matter of the
proceedings has been delivered over to the respondents on
22.08.2023 itself and the revision petition has been filed
long thereafter. A copy of the kychit evidencing delivery of
the premises on 22.08.2023 is also made available.
The submission made by the learned counsel for the
respondents is recorded and the registry is directed to list
the revision petition for hearing after two weeks."
Today, when the matter was taken up, the learned counsel for
the petitioner submitted that the petitioner does not wish to
pursue the rent control revision any more.
In the light of the submission made by the learned
counsel for the petitioner, the rent control revision is closed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
P.G.AJITHKUMAR, JUDGE.
Mn
