Kerala High Court
Le Arabia Restaurant Represented By ... vs Fousiya T.A on 23 January, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:5226
O.P. (RC) No.7 and 13 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 23RD DAY OF JANUARY 2025 / 3RD MAGHA, 1946
OP (RC) NO. 7 OF 2025
AGAINST THE ORDER DATED 17.12.2024 IN I.A. NO.1 OF
2024 IN RCA NO.146 OF 2024 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - V, KOZHIKODE / IV ADDITIONAL MACT,
KOZHIKODE ARISING OUT OF THE ORDER DATED 30.07.2024 IN
I.A. NO.4 OF 2024 IN RCP NO.80 OF 2023 OF ADDITIONAL
MUNSIFF COURT ,KOZHIKODE-I
PETITIONERS/RESPONDENTS/RESPONDENT:
1 FOUSIYA.T.A, D/O THAYALAMALIKAYIL ABDUL KHADER,
AGED 54 YEARS, ALKOUSAR, POST PERINGADI, NEW
MAHE VILLALGE, PERINGADI DESOM, THALASSERRY
TALUK, KANNUR DISTRICT, PIN - 673 312
2 ASMA D/O VARIKKODAN ABU HAJI, AGED 45 YEARS,
VARIKKODAN HOUSE, P.O.KODOOR, KODOOR VILLAGE,
KODOOR DESOM, PERINTHALMANNA TALUK, PIN - 676
504
3 PARAKKANDY IQBAL S/O PARAKKANDY KHADER, AGED 55
YEARS
PARAKKANDY HOUSE, P.O.PERINGADI, CHOKLI VILLAGE,
PERINGADI DESOM, THALASSERRY TALUK, PIN - 673
312
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O.P. (RC) No.7 and 13 of 2025
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4 SHAKEELA NISSAR D/O ABOOBACKER, AGED 57 YEARS
THOTTATHIL HOUSE, P.O.PERINGADI DESOM,
THALASSERRY TALUK, PIN - 673 312
BY ADVS.
T.ASAFALI
LALIZA.T.Y.
RESPONDENTS/PETITIONERS/APPELLANTS:
1 LE ARABIA RESTAURANT REP.BY MANAGING PAPRTNER
MOHAMMED SHAMSUDHIN, 1-199 SOUDATH MANZIL,
KOYILA HOUSUE, KARNATAKA STATE, BANATHWAL DESOM,
NAVOOR PANCHIKKAL, SOUTH KARNATAKA DISTRICT, PIN
- 574 211
2 MOHAMMED SHAMSUDHIN, MANAGING PAPRTNER, LE
ARABIA RESTAURANT, VANDIPETTA, NADAKKAVU.PO,
KOZHIKODE, PIN - 673 011
BY ADVS.
GOUTHAM KRISHNA U.B.
SUBI S BINU(K/001772/2021)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 23.01.2025, ALONG WITH OP (RC).13/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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O.P. (RC) No.7 and 13 of 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 23RD DAY OF JANUARY 2025 / 3RD MAGHA, 1946
OP (RC) NO. 13 OF 2025
AGAINST THE ORDER IN I.A. NO.1 OF 2024 IN RCA NO.146
OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V,
KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE ARISING OUT OF
THE ORDER IN RCP NO.80 OF 2023 OF ADDITIONAL MUNSIFF
COURT, KOZHIKODE-I
PETITIONERS/PETITIONERS/APPELLANTS:
1 LE ARABIA RESTAURANT REPRESENTED BY MANAGING
PARTNER, MOHAMMED SHAMSUDHIN, 1-199 SOUDATH
MANZIL, KOYILA HOUSE, KARNATAKA STATE, BANTHWAL
DESOM, NAVOOR PANCHIKKAL, SOUTH KARNATAKA, PIN -
574 211
2 MOHAMMED SHAMSUDHIN, AGED 41 YEARS, MANAGING
PARTNER, LE ARABIA RESTAURANT, VANDIPETTA,
NADAKKAVU P.O, KOZHIKODE, PIN - 673 011
BY ADVS.
GOUTHAM KRISHNA U.B.
SUBI S BINU
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O.P. (RC) No.7 and 13 of 2025
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RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 FOUSIYA T.A, AGED 54 YEARS, D/O. THAYALMALIKAYIL
ABDUL KHADER, ALKOUSAR, P.O.PERINGADI, NEW
MAHEE, PERINGADI) DESOM, THALASSERY , KANNUR,
PIN - 673 312
2 ASMA, AGED 45 YEARS, D/O. VARIKKODAN ABU HAJI,
VARIKKODAN HOUSE, KODOOR P.O, PERINTHALMANNA ,
MALAPPURAM, PIN - 676 504
3 PARAKKANDY IQBAL, AGED 55 YEARS, S/O.PARAKKANDY
KHADER, PARAKKANDY HOUSE, P.O.PERINGADI, CHOKLI,
PERINGADI , THALASSERY,KANNUR, PIN - 673 312
4 SHAKEELA NISSAR, AGED 57 YEARS, D/O.ABOOBACKER,
THOTTATHIL HOUSE, P.O.PERIGADI, THALASSERY,
KANNUR, PIN - 673 312
BY ADVS.
Asaf Ali T
SMT.LALIZA. T.Y.(CG-333)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 23.01.2025, ALONG WITH OP (RC).7/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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O.P. (RC) No.7 and 13 of 2025
5
JUDGMENT
[OP (RC) Nos.7/2025, 13/2025]
A. Muhamed Mustaque, J.
These original petitions are filed when the matter is
pending with the Additional District Judge - V, Kozhikode in
RCA No.146 of 2024. The tenants have come up with O.P.
(RC) No.13 of 2025 challenging the condition imposed by
the Rent Control Appellate Authority directing the tenants
to pay a sum of Rs.5 Lakh on or before 17.01.2025 as
conditional stay.
2. The landlord has come up with O.P. (RC)
No.7 of 2025 for the reason that the amount aforesaid is
inadequate.
3. We note that the appeal is pending before
the Appellate Authority and the matter is arising under
Section 12(3) of the Kerala Buildings (Lease and Rent
Control) Act, 1965. Having considered the nature of the
2025:KER:5226
O.P. (RC) No.7 and 13 of 2025
issue involved, we are of the view that the Rent Control
Appellate Authority shall dispose of the matter on or
before 15.02.2025. We are not proposing to interfere with
the impugned orders.
These original petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
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O.P. (RC) No.7 and 13 of 2025
APPENDIX OF OP (RC) 7/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LEASE DEED DATED 01ST DAY
OF MARCH 2019 EXECUTED BETWEEN THE
PETITIONERS AND THE 2ND RESPONDENT
ExhibitP- 2 TRUE COPY OF THE ORDER DATED 30TH DAY OF
JULY 2024 MADE IN IA NO.04/2024 IN RCP
NO.80/2023 ON THE FILE OF RENT CONTROL
COURT(ADDITIONAL MUNSIFF-I,)KOZHIKODE
Exhibit P-3 TRUE COPY OF THE MEMORANDUM OF APPEAL
DT.27TH NOVEMBER 2024 RCA NO.146/2024 FILED
BY THE RESPONDENTS BEFORE THE RENT CONTROL
APPELLATE AUTHORITY,[ADDITIONAL DISTRICT
COURT NO.V]KOZHIKODE
Exhibit P-4 TRUE COPY OF THE AFFIDAVIT DT.2ND DAY OF
NOVEMBER 2024 FILED BY THE 2ND RESPONDENT
BEFORE THE RENT CONTROL APPELLATE
AUTHORITY[ADDITIONAL DISTRICT COURT
NO.V]KOZHIKODOE IN SUPPORT OF IA NO.1/2024
Exhibit P5 TRUE COPY OF THE APPLICATION IA NO.01/2024
DT.02-11-2024 IN RCA 146/2024 FILED BY THE
RESPONDENTS PRAY TO STAY EXHIBIT P2 ORDER.
Exhibit P-6 TRUE COPY OF THE COUNTER STATEMENT DATED
13-12-2024 FILED BY THE PETITIONERS IN IA
NO.01/2024 IN RCA NO.146/2024 BEFORE THE
COURT OF RENT CONTROL APPELLATE
AUTHORITY[ADDITIONAL DISTRICT COURT
NO.V]KOZHIKODE
Exhibit P-7 CERTIFIED COPY OF THE ORDER DATED 17TH DAY
OF DECEMBER 2024 MADE IN I.A.01/2024 IN RCA
NO.146/2024 ON THE FILE OF THE COURT OF
RENT CONTROL APPELLATE AUTHORITY[ADDITIONAL
DISTRICT COURT NO.V],KOZHIKODE
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O.P. (RC) No.7 and 13 of 2025
APPENDIX OF OP (RC) 13/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RENT AGREEMENT DATED
01.03.2019 STATED TO BE ENTERED INTO
BETWEEN THE PETITIONERS ON ONE PART AND THE
RESPONDENTS ALONG WITH THE OTHER CO-OWNERS
ON THE OTHER PART
Exhibit P2 A TRUE COPY OF POLICE COMPLAINT BEFORE THE
STATION HOUSE OFFICER, NADAKKAVU POLICE
STATION PREFERRED BY THE 1ST PETITIONER
AGAINST THE RESPONDENTS AND CO-OWNERS OF
BUILDING NUMBER 1/3714 DATED 01.03.2024
Exhibit P3 A TRUE COPY OF POLICE ACKNOWLEDGEMENT
BEARING COMPLAINT NO. 15288053-2024-00302
DATED 01.03.2024
Exhibit P4 A TRUE COPY OF PETITION PREFERRED BY THE
1ST PETITIONER TO THE ELECTRICITY OFFICER,
KSEB ELECTRICAL SECTION, WEST HILL,
KOZHIKODE DATED 23.02.2024
Exhibit P5 A TRUE COPY OF APPLICATION PREFERRED BY THE
1ST PETITIONER UNDER THE RTI ACT, 2005
BEFORE THE PUBLIC INFORMATION OFFICER,
KSEB, THIRUVANANTHAPURAM DATED 08.04.2024
Exhibit P6 A TRUE COPY OF REPLY TO EXHIBIT P5 DATED
11.06.2024 ISSUED BY SPECIAL OFFICER
(REVENUE), KSEB BHAVAN, THIRUVANANTHAPURAM
Exhibit P7 A TRUE COPY OF THE COUNTER STATEMENT FILED
BY THE PETITIONERS HEREIN DATED 10.06.2024
IN R.C.P. NO. 80/2024 ON THE FILES OF
HON'BLE MUNSIFF COURT-I, KOZHIKODE
Exhibit P8 A TRUE COPY OF THE ORDER DATED 30.07.2024
IN I.A. NO. 4/2024 IN R.C.P. NO. 80/2023 ON
THE FILES OF THE HON'BLE MUNSIFF COURT-I/
RENT CONTROL COURT, KOZHIKODE
Exhibit P9 A TRUE COPY OF ORDER DATED 07.10.2024
ISSUED BY THE HON'BLE MUNSIFF COURT-I/ RENT
CONTROL COURT, KOZHIKODE IN R.C.P. NO.
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O.P. (RC) No.7 and 13 of 2025
Exhibit P10 A TRUE COPY OF MEMORANDUM OF APPEAL IN
R.C.A. NO. 146/2024 FILED BY THE PETITIONER
BEFORE THE RENT CONTROL APPELLATE
AUTHORITY/COURT OF ADDITIONAL DISTRICT
JUDGE-V, KOZHIKODE DATED 27.11.2024
Exhibit P11 A TRUE COPY OF I.A. NO. 1/2024 IN R.C.A.
NO. 146/2024 BEFORE THE RENT CONTROL
APPELLATE AUTHORITY/COURT OF ADDITIONAL
DISTRICT JUDGE-V, KOZHIKODE DATED
27.11.2024
Exhibit P12 A TRUE COPY OF COUNTER STATEMENT IN I.A.
NO. 1/2024 IN R.C.A. NO. 146/2024 FILED BY
RESPONDENTS BEFORE THE RENT CONTROL
APPELLATE AUTHORITY/COURT OF ADDITIONAL
DISTRICT JUDGE-V, KOZHIKODE DATED
13.12.2024
Exhibit P13 A TRUE COPY OF ORDER DATED 17.12.2024
ISSUED BY THE RENT CONTROL APPELLATE
AUTHORITY/COURT OF ADDITIONAL DISTRICT
JUDGE-V, KOZHIKODE IN I.A. NO. 1/2024 IN
