Ganesan vs P.K. Vinayakumar
2025 Latest Caselaw 2995 Ker

Kerala High Court

Ganesan vs P.K. Vinayakumar on 28 January, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                     1
                                                    2025:KER:6635
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

             THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                       OP (RC) NO. 18 OF 2025

             RCA NO.123 OF 2016 OF ADDITIONAL DISTRICT COURT,

                                THRISSUR

PETITIONER/RESPONDNET :

             GANESAN
             AGED 74 YEARS
             S/O ALUKKAL MADAM SUBRAHMANIAN,
             GURUVAYUR AMSOM & DESOM,
             CHAVAKKAD TALUK, THRISSUR DISTRICT,
             PIN - 680101


             BY ADVS.
             SUMODH MADHAVAN NAIR
             T.A.PRAKASH


RESPONDENT/APPELLANT :

             P.K. VINAYAKUMAR
             AGED 47 YEARS
             S/O POOKKOTTIL KUMARAN,
             PERAKAM AMSAM, VAZHAPPULLY DESOM,
             CHAVAKKAD TALUK, THRISSUR DISTRICT,
             PIN - 680506


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.01.2025,    ALONG   WITH   OP(RC)NOS.19/2025,   20/2025,   21/2025,
22/2025 AND 23/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                     2
                                                       2025:KER:6635

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

             THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                       OP (RC) NO. 21 OF 2025

             RCA NO.137 OF 2016 OF ADDITIONAL DISTRICT COURT,

                                THRISSUR

PETITIONER/RESPONDENT :
          GANESAN
          AGED 74 YEARS
          S/O ALUKKAL MADAM SUBRAHMANIAN,
          GURUVAYUR AMSOM & DESOM, CHAVAKKAD TALUK,
          THRISSUR DISTRICT, PIN - 680101


             BY ADVS.
             SUMODH MADHAVAN NAIR
             T.A.PRAKASH


RESPONDENT/APPELLANT :

             JOICY JOSE
             AGED 56 YEARS
             W/O ALOOR JOSE, THAIKKAD AMSOM AND DESOM,
             CHAVAKKAD TALUK, THRISSUR DISTRICT,
             PIN - 680104


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.01.2025,    ALONG   WITH   OP(RC)NOS.18/2025,   19/2025,   20/2025,
22/2025 AND 23/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                3
                                                  2025:KER:6635

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                 &

          THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                    OP (RC) NO. 20 OF 2025

          RCA NO.124 OF 2016 OF ADDITIONAL DISTRICT COURT,

                           THRISSUR

PETITIONER/RESPONDENT :

          GANESAN
          AGED 74 YEARS
          S/O ALUKKAL MADAM SUBRAHMANIAN,
          GURUVAYUR AMSOM & DESOM,
          CHAVAKKAD TALUK,
          THRISSUR DISTRICT,
          PIN - 680101


          BY ADVS.
          SUMODH MADHAVAN NAIR
          T.A.PRAKASH


RESPONDENTS/APPELLANT :



    1     BHARGAVI AMMA
          AGED 87 YEARS
          W/O LATE BALAKRISHNAN NAIR,
          KOTHOTTIL HOUSE,
          ORUMANAYOOR AMSOM AND DESOM,
          CHAVAKKAD TALUK,
          THRISSUR DISTRICT,
          PIN - 680512
 OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                  4
                                                       2025:KER:6635
    2        SUDHA RADHAKRISHNAN
             AGED 64 YEARS
             D/O LATE BALAKRISHNAN NAIR,
             KOTHOTTIL HOUSE,
             ORUMANAYOOR AMSOM AND DESOM,
             CHAVAKKAD TALUK,
             THRISSUR DISTRICT,
             PIN - 680512



     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.01.2025,    ALONG   WITH   OP(RC)NOS.18/2025,   19/2025,   21/2025,
22/2025 AND 23/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                     5
                                                       2025:KER:6635

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

             THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                       OP (RC) NO. 22 OF 2025

             RCA NO.122 OF 2016 OF ADDITIONAL DISTRICT COURT,

                                THRISSUR

PETITIONER/RESPONDENT :
          GANESAN
          AGED 74 YEARS
          S/O.ALUKKAL MADAM SUBRAHMANIAN,
          GURUVAYUR AMSOM & DESOM,
          CHAVAKKAD TALUK, THRISSUR DISTRICT,
          PIN - 680101


             BY ADVS.
             SUMODH MADHAVAN NAIR
             T.A.PRAKASH
RESPONDENT/APPELLANT :

             K. K.RADHA BHASKARAN
             AGED 69 YEARS
             W/O ANTHIKATTU BHASKARAN,
             ORUMANAYOOR AMSOM & DESOM,
             CHAVAKKAD TALUK, THRISSUR DISTRICT,
             PIN - 680512


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.01.2025,    ALONG   WITH   OP(RC)NOS.18/2025,   19/2025,   20/2025,
21/2025 AND 23/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                     6
                                                       2025:KER:6635

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

             THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                       OP (RC) NO. 19 OF 2025

             RCA NO.138 OF 2016 OF ADDITIONAL DISTRICT COURT,

                                THRISSUR

PETITIONER/RESPONDENT :

             GANESAN
             AGED 74 YEARS
             S/O ALUKKAL MADAM SUBRAHMANIAN,
             GURUVAYUR AMSOM & DESOM,
             CHAVAKKAD TALUK, THRISSUR DISTRICT,
             PIN - 680101


             BY ADVS.
             SUMODH MADHAVAN NAIR
             T.A.PRAKASH


RESPONDENT/APPELLANT :
          SAHADEVAN
          AGED 55 YEARS
          S/O NOORAMKULANGARA SREEDHARAN,
          IRINGAPRAM AMSOM,
          PUTHANPALLI DESOM CHAVAKKAD TALUK,
          THRISSUR DISTRICT, PIN - 680101


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.01.2025,    ALONG   WITH   OP(RC)NOS.18/2025,   20/2025,   21/2025,
22/2025 AND 23/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                     7
                                                       2025:KER:6635

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

             THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                       OP (RC) NO. 23 OF 2025

             RCA NO.139 OF 2016 OF ADDITIONAL DISTRICT COURT,

                                THRISSUR

PETITIONER/RESPONDENT :

             GANESAN
             AGED 74 YEARS
             S/O ALUKKAL MADAM SUBRAHMANIAN,
             GURUVAYUR AMSOM & DESOM, CHAVAKKAD TALUK,
             THRISSUR DISTRICT, PIN - 680101


             BY ADVS.
             SUMODH MADHAVAN NAIR
             T.A.PRAKASH


RESPONDENT/APPELLANT :

             RAJAN
             AGED 61 YEARS
             S/O CHULLIKKATTIL KRISHNAN NAIR,
             PUTHIYAMATHOOR VILLAGE, CHIRAMANENGADU DESOM,
             THALAPPILLY TALUK, THRISSUR DISTRICT,
             PIN - 680604


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.01.2025,    ALONG   WITH   OP(RC)NOS.18/2025,   19/2025,   20/2025,
21/2025 AND 22/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) Nos.18, 19, 20,
21, 22 and 23 OF 2025                   8
                                                         2025:KER:6635
                          JUDGMENT

A.Muhamed Mustaque, J.

The petitioner/landlord approached this Court in all these

original petitions seeking the speedy disposal of Rent Control Appeals

pending before the Additional District Court, Thrissur. A Division Bench

of this Court, in Irvin John Jayarajan and others v. Madhavi Alias

Narayani Amma and Others [2022 (7) KHC 1], has directed all

Rent Control Courts to dispose of pending matters within a period of

three months, considering the statutory mandate. This is equally

applicable to the appeals pending before the Rent Control Appellate

Authority.

Therefore, we direct the Rent Control Appellate Authority

(Additional District Court, Thrissur) to dispose of all these matters

within two months, noting that these matters are pending since 2016.

The petitioner shall serve a copy of this judgment on the learned

counsel appearing for the respondents before the Appellate Authority.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

P.KRISHNA KUMAR JUDGE rkj OP (RC) Nos.18, 19, 20,

2025:KER:6635 APPENDIX OF OP (RC) 21/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RENT CONTROL APPEAL PREFERRED BY THE RESPONDENT HEREIN UNDER SECTION 18 OF THE KERALA BUILDINGS LEASE AND RENT CONTROL ACT, 1965 BEFORE THE HON'BLE RENT CONTROL APPELLATE AUTHORITY, THRISSUR AND DATED 22/9/2016

Exhibit P1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1

Exhibit P2 THE PROCEEDINGS OF THE RENT CONTROL APPELLATE AUTHORITY IN RCA NO.137/2016 OP (RC) Nos.18, 19, 20,

2025:KER:6635 APPENDIX OF OP (RC) 20/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RENT CONTROL APPEAL PREFERRED BY THE FIRST RESPONDENT HEREIN UNDER SECTION 18 OF THE KERALA BUILDINGS LEASE AND RENT CONTROL ACT,1965 BEFORE THE HON'BLE RENT CONTROL APPELLATE AUTHORITY, THRISSUR AND DATED 18/8/2016

Exhibit P1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1

Exhibit P2 THE PROCEEDINGS OF THE RENT CONTROL APPELLATE AUTHORITY IN RCA NO.124/2016 OP (RC) Nos.18, 19, 20,

2025:KER:6635 APPENDIX OF OP (RC) 22/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RENT CONTROL APPEAL PREFERRED BY THE RESPONDENT HEREIN UNDER SECTION 18 OF THE KERALA BUILDINGS LEASE AND RENT CONTROL ACT,1965 BEFORE THE HON'BLE RENT CONTROL APPELLATE AUTHORITY, THRISSUR AND DATED 18/8/2016

Exhibit P1(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P1

Exhibit P2 THE PROCEEDINGS OF THE RENT CONTROL APPELLATE AUTHORITY IN RCA NO.122 OF 2016 OP (RC) Nos.18, 19, 20,

2025:KER:6635 APPENDIX OF OP (RC) 19/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RENT CONTROL APPEAL PREFERRED BY THE RESPONDENT HEREIN UNDER SECTION 18 OF THE KERALA BUILDINGS LEASE AND RENT CONTROL ACT, 1965 BEFORE THE HON'BLE RENT CONTROL APPELLATE AUTHORITY, THRISSUR AND DATED 19/9/2016

Exhibit P1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1

Exhibit P2 THE PROCEEDINGS OF THE RENT CONTROL APPELLATE AUTHORITY IN RCA 138/2016 OP (RC) Nos.18, 19, 20,

2025:KER:6635 APPENDIX OF OP (RC) 23/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RENT CONTROL APPEAL PREFERRED BY THE RESPONDENT HEREIN UNDER SECTION 18 OF THE KERALA BUILDINGS LEASE AND RENT CONTROL ACT, 1965 BEFORE THE HON'BLE RENT CONTROL APPELLATE AUTHORITY, THRISSUR AND DATED 22/9/2016

Exhibit P1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1

Exhibit P2 TRUE COPY OF THE THE PROCEEDINGS OF THE RENT CONTROL APPELLATE AUTHORITY IN RCA

OP (RC) Nos.18, 19, 20,

2025:KER:6635 APPENDIX OF OP (RC) 18/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RENT CONTROL APPEAL PREFERRED BY THE RESPONDENT HEREIN UNDER SECTION 18 OF THE KERALA BUILDINGS LEASE AND RENT CONTROL ACT, 1965 BEFORE THE HON'BLE RENT CONTROL APPELLATE AUTHORITY, THRISSUR AND DATED 18/8/2016

Exhibit P1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1

Exhibit P2 THE PROCEEDINGS OF THE RENT CONTROL APPELLATE AUTHORITY IN RCA NO.123/2016