Kerala High Court
Cheriyakommath Rajeevan vs K.A.Chandran on 6 February, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
OP (RC) NO. 62 OF 2023
AGAINST THE ORDER DATED 06.02.2023 IN I.A.NOS.1 & 2 OF 2023
R.C.P.NO.2/2005 OF THE RENT CONTROL COURT (MUNSIFF),
THALIPARAMBA
PETITIONER/PETITIONER/PETITIONER:
CHERIYAKOMMATH RAJEEVAN, AGED 56 YEARS
S/O. KAVIL VADAKKE VEETIL KANNAN NAIR, VAYATHOOR
AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT,
PIN - 670 705
BY ADVS.M.SASINDRAN
SATHEESHAN ALAKKADAN
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 K.A.CHANDRAN, S/O.KAIPACHERY ANDI, VAYATHOOR AMSOM
DESOM, ULIKKAL POST, TALIPARAMBA TALUK, KANNUR
DISTRICT, PIN - 670141
2 K.A.HEMA, D/O. KAIPACHERY ANDI, VAYATHOOR AMSOM
DESOM, ULIKKAL POST, TALIPARAMBA TALUK, KANNUR
DISTRICT, PIN - 670141
3 K.A.SANTHA, D/O. KAIPACHERY ANDI, VAYATHOOR AMSOM
DESOM, ULIKKAL POST, TALIPARAMBA TALUK, KANNUR
DISTRICT, PIN - 670141
BY ADVS.O V MANIPRASAD O V
JOSE ANTONY(K/778/2011)
HARIKRISHNAN P.(K/470/2020)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(RC)No.62 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner's father-landlord filed R.C.P.No.2 of 2005
before the Rent Control Court (Munsiff), Taliparamba, seeking
eviction of the respondents herein-tenants from the petition
schedule room, under Sections 11(2)(b) and 11(3) of the Kerala
Buildings (Lease and Rent Control) Act, 1965. During the pendency
of the said Rent Control Petition, the father of the petitioner died,
and the petitioner was impleaded as supplemental 2nd petitioner. By
the order dated 21.12.2006, R.C.P.No.2 of 2005 was allowed
directing the tenants to surrender vacant possession of the petition
schedule room to the petitioner within one month from the date of
that order. Feeling aggrieved, respondents-tenants filed
R.C.A.No.24 of 2007 before the Rent Control Appellate Authority
(Additional District Judge-I), Thalassery, which was allowed by the
judgment dated 30.11.2013 and the matter was remanded back to
the Rent Control Court. After the remand, before the Rent Control
Court, the petitioner filed I.A.No.1 of 2023 seeking impleadment of
his brother in the party array and I.A.No.2 of 2023 seeking
amendment of the pleadings in the Rent Control Petition by
incorporating additional pleadings. However, the Rent Control Court
dismissed both the interlocutory applications by the common order
dated 06.02.2023. The petitioner is before this Court in this original
petition filed under Article 227 of the Constitution of India seeking
an order to set aside Ext.P7 order dated 06.02.2023 in I.A.Nos.1
and 2 of 2023 in R.C.P.No.2 of 2005 on the file of the Rent Control
Court (Munsiff), Taliparamba.
2. On 30.03.2023, when this original petition came up for
admission, this Court admitted the matter on file and issued notice
to the respondents. This Court granted an interim order staying all
further proceedings in R.C.P.No.2 of 2005 on the file of the Rent
Control Court (Munsiff), Taliparamba.
3. Today, when this matter is taken up for consideration, it
is submitted by the learned counsel on both sides that, on
09.03.2023, even prior to the order of stay granted by this Court,
the Rent Control Court dismissed R.C.P.No.2 of 2005 for default.
In such circumstances, this original petition is closed in view
of the dismissal of R.C.P.No.2 of 2005 for default, without prejudice
to the right of the petitioner to file a petition to re-open this
Original Petition, in case the said R.C.P. is restored to file.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
AV/8/2
APPENDIX OF OP (RC) 62/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITION IN R.C.P.NO. 2
OF 2005 OF RENT CONTROL COURT, (MUNSIFF),
TALIPARAMBA DATED 03-01-2005
Exhibit P2 A TRUE COPY OF THE ORDER DATED 21.12.2006
IN R.C.P.NO. 2 OF 2005 OF RENT CONTROL
COURT (MUNSIFF), TALIPARAMBA
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED
30.11.2013 IN R.C.A.NO. 24 OF 2007 ON THE
FILES OF RENT CONTROL APPELLATE AUTHORITY,
THALASSERY
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED
12.12.2022 IN R.C.R.NO. 269 OF 2015 OF
THIS HON'BLE COURT
Exhibit P5 A TRUE COPY OF THE I.A.NO. 1 OF 2023 IN
R.C.P.NO. 2 OF 2005 ON THE FILES OF RENT
CONTROL COURT, TALIPARAMBA
Exhibit P6 A TRUE COPY OF THE AFFIDAVIT IN I.A.NO. 2
OF 2023 IN R.C.P.NO. 2 OF 2005 ON THE
FILES OF RENT CONTROL COURT, TALIPARAMBA
Exhibit P7 A TRUE COPY OF THE COMMON ORDER DATED
6.2.2023 IN I.A.NO. 1 OF 2023 AND I.A.NO.
2 OF 2023 IN R.C.P.NO. 2 OF 2005 ON THE
FILES OF RENT CONTROL COURT (MUNSIFF),
TALIPARAMBA
