Shershah vs Louis
2024 Latest Caselaw 5268 Ker

Kerala High Court

Shershah vs Louis on 15 February, 2024

Author: Anil K. Narendran

Bench: Anil K.Narendran

          2IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN

                                &

             THE HONOURABLE MR.JUSTICE G.GIRISH

  THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945

                   OP (RC) NO.224 OF 2023

 AGAINST THE ORDER DATED 17.10.2017 IN IA NO.214 OF 2017 IN
 R.C.P.NO.4 OF 2008 AND I.A.NO.215 OF 2017 IN R.C.P.NO.5 OF
          2008 OF RENT CONTROL COURT, WADAKKANCHERY


PETITIONER/REVIEW PETITIONER:

         SHERSHAH
         AGED 54 YEARS
         S/O ABDUL KHADER, RAYAM MARAKKAR HOUSE, KECHERY
         DESOM, ERANELLOOR VILLAGE, KUNNAMKULAM TALUK,
         THRISSUR DISTRICT, PIN - 680501

         BY ADVS.
         ANAND KALYANAKRISHNAN
         C.DHEERAJ RAJAN
RESPONDENTS/RESPONDENTS:

    1    LOUIS
         AGED 62 YEARS
         S/O RAPPAI, KUTTUR HOUSE, MATTOM DESOM, ALOOR VIL-
         LAGE, KUNNAMKULAM TALUK, THRISSUR DISTRICT, PIN -
         680602

    2    JOSE
         AGED 61 YEARS
         S/O KOCHAPPU, KANNANAYIKKAL HOUSE, KANAYANNUR TA-
         LUK, ELAMKULAM VILLAGE, THEVARAKKARA ASHAAN LANE
         ROAD, ERNAKULAM DISTRICT, PIN - 682020

    3    SWAPNA
         AGED 36 YEARS
         W/O BYJU, PONNARI HOUSE, MUKUNDAPURAM TALUK, AM-
                                    2
OP(RC)No. 223 of 2023




               BALLOOR VILLAGE, PUDUKKAD DESOM, THRISSUR DISTRICT,
               PIN - 680301

       4       SANTO
               AGED 34 YEARS
               S/O JOSE, KANNANAYIKKAL HOUSE, KANAYANNUR TALUK,
               ELAMKULAM VILLAGE, THEVARAKKARA ASHAAN LANE ROAD,
               ERNAKULAM DISTRICT, PIN - 682020


       5       SOUMYA, AGED 32 YEARS
               D/O JOSE, KANNANAYIKKAL HOUSE, KANAYANNUR TALUK,
               ELAMKULAM VILLAGE, THEVARAKKARA ASHAAN LANE ROAD,
               ERNAKULAM DISTRICT, PIN - 682020


        THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOW-
ING:
                                                 3
OP(RC)No. 223 of 2023




                                       JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this original petition invoking the

supervisory jurisdiction of this Court under Article 227 of the

Constitution of India, seeking an order directing the Rent Control Court,

Wadakkancherry to consider and pass appropriate orders on Ext.P2

application dated 28.11.2023 preferred by the petitioner, on merits

within a period of three weeks and to stay all further proceedings

pursuant to E.P.No.484 of 2017 on the files of the Rent Control Court,

Wadakkancerry, till the consideration of Ext.P2 application by the said

court.

2. On 13.12.2023, when this matter came up for consideration,

the learned counsel for the petitioner sought adjournment. Thereafter,

the matter was listed on 14.12.2023 and adjourned.

3. Today, when this matter is taken up for consideration, the

learned counsel for the petitioner would submit that the reliefs sought

for in this original petition have become infructuous. Therefore the

petitioners do not want to prosecute this original petition further.

Recording the aforesaid submission made by the learned counsel

for the petitioner, this original petition is dismissed as withdrawn.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

G. GIRISH, JUDGE vgd

APPENDIX OF OP (RC) 224/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY ORDER DATED 17.10.2017 IN I.A.NO.214/2017 ARISING FROM RCP NO. 04/2008 ON THE FILES OF RENT CONTROL COURT, WADAKKANCHERRY

EXHIBIT P2 THE TRUE COPY OF I.A. NO.2/2023 IN I.A. NO. .214/2017 ARISING FROM RCP NO.

04/2008 ON THE FILES OF RENT CONTROL COURT, WADAKKANCHERRY DATED 28.11.2023