Kerala High Court
Shershah vs Chacko on 15 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
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
OP (RC) NO.223 OF 2023
AGAINST THE ORDER DATED 17.10.2017 IN I.A.NO.214 OF 2017 IN
R.C.P.NO.4 OF 2008 AND I.A.NO.215 OF 2017 IN RCP NO.5 OF 2008
OF THERENT 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 CHACKO
AGED 67 YEARS
S/O PORINJU, VADAKOOT HOUSE, PUTHANPALLY DESOM,
IRINJAPPRAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DIS-
TRICT, PIN - 680103
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-
BALLOOR VILLAGE, PUDUKKAD DESOM, THRISSUR DISTRICT,
2
OP(RC)No.224 of 2023
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.224 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.P3
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.485 of 2017 on the files of the Rent Control Court,
Wadakkancerry, till the consideration of Ext.P3 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) 223/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY ORDER DATED 17.10.2017 IN
I.A.NO.215/2017 ARISING FROM RCP NO.
05/2008 ON THE FILES OF RENT CONTROL
COURT, WADAKKANCHERRY
EXHIBIT P2 THE TRUE COPY OF THE ECOURTS PROCEEDINGS
DATED 12.12.2023 IN EP NO. 485/2017 PRE-
FERRED BY THE 1ST RESPONDENT
EXHIBIT P3 THE TRUE COPY OF I.A. NO. 02/2023 IN I.A.
NO.215/2017 ARISING FROM RCP NO.05/2008
ON THE FILES OF RENT CONTROL COURT,
WADAKKANCHERRY DATED 28.11.203
