The Court dismissed the writ petition on admissibility grounds without examining merits due to ongoing elections, directing the first respondent to dispose of the tenant's application for a locked gate by July 1, 2009.
The first respondent is directed to enquire into and dispose of Ext.P1 in accordance with law before the 1st of July 2009.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931
WP(C).No. 10618 of 2009(V)
PETITIONER(S):
MARY,W/O.PONPARAMBIL GEORGE, AGED 70 YEARS, VADAKKANCHERRY VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT.
BY ADV. V.M.KRISHNAKUMAR
RESPONDENT(S):
BY GOVT. PLEADER SRI.BASANT BALAJI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
W.P.(C)No.10618 OF 2009
JUDGMENT
Pius.C.Kuriakose, J.
We do not propose to go into the merits of the matter. The grievance of the petitioner is that the first respondent is not finally disposing of Ext.P1 application submitted under Section 13(2) of the Kerala Buildings ( Lease and Rent Control) Act 1965 despite the lapse of more than six months. It is stated that the original landlords who are respondents 2 to 4 are not contesting the matter and it is only the assignee landlord, the 5th respondent, who is contesting. The prayer in Ext.P1 is that the main gate of the premises taken on lease by the petitioner is allegedly locked up by the landlord with the object of compelling the tenant to vacate.
WPC.No.10618/09
2
of Ext.P1 before the end of June 2009.
Under the above circumstances, we dispose of the writ petition
directing the first respondent to enquire into and dispose of Ext.P1 in accordance with law at the earliest and at any rate before the 1st of July 2009.
PIUS.C.KURIAKOSE JUDGE
C.K.ABDUL REHIM JUDGE
sv.
WPC.No.10618/09 2
1 issue framed by the court
Whether the first respondent must dispose of an application regarding a locked gate within six months under Section 13(2) of the Kerala Buildings (Lease and Rent Control) Act 1965.
1 provisions across 1 enactments
MARY
THE ACCOMMODATION CONTROLLER (THE TAHSILDAR)
SANTHAKUMARIYAMMA
REGHAVAN NAIR
SARASANNAM
PRESIDENT, N.S.S.TALUK UNION, WADAKKANCHERRY
PIUS C.KURIAKOSE
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
