The High Court of Kerala, addressing a writ petition by a landlord, directed the Additional Munsiff's Court-III, in charge of the Rent Control Court, Thiruvananthapuram, to dispose of pending Rent Control Petitions within six months due to inordinate delay.
Directed Additional Munsiff's Court-III to dispose of Rent Control Petitions Nos. 34-38 of 2016 within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR.JUSTICE K.HARILAL & THE HONOURABLE MRS. JUSTICE ANNIE JOHN
THURSDAY, THE 2ND DAY OF AUGUST 2018 / 11TH SRAVANA, 1940
OP (RC).No. 108 of 2018
RCP 34, 35, 36 & 38 of 2016 of RENT CONTROL COURT, THIRUVANANTHAPURAM
PETITIONER(S):
SHERAFFUNISA, T.C 21/1859(6), KARAMANA PO, THIRUVANANTHAPURAM.
BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM SMT.A.MEGHA
RESPONDENT(S):
RAMESH S/O SUBBAYYAN, T.C 38/848, GANDHI HOTEL LANE, CHENTHITTA, MARAKKADA ROAD, CHALAI, THIRUVANANTHAPURAM-695 121.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 02-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC).No. 108 of 2018 (O)
: 2 :
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.P (RCP) NO.34/2016 DATED 26.5.2016 FILED BY THE PETITIONER BEFORE THE RENT CONTROL COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 24.09.2016 FILED BY THE RESPONDENT TO EXT.P1 PETITION.
EXHIBIT P3 TRUE COPY OF THE PETITION, ALONG WITH AFFIDAVIT FILED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER, SEEKING JOINT TRIAL OF RCPS 34/2016, 35/2016, 36/2016 AND 38/2016.
EXHIBIT P4 TRUE COPY OF THE CASE DIARIES IN R.C.P 34/2016 ON THE FILE OF THE MUNSIFF COURT, THIRUVANANTHPURAM.
EXHIBIT P5 TRUE COPY OF THE CASE DIARIES IN R.C.P 35/2016 ON THE FILE OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.
EXHIBIT P6 TRUE COPY OF THE CASE DIARIES IN R.C.P 36/2016 ON THE FILE OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.
EXHIBIT P7 TRUE COPY OF THE CASE DIARIES IN R.C.P 38/2016 ON THE FILE OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 23.3.2018 OF THIS HON'BLE COURT IN O.P(RC)NO.23/2018.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
PS TO JUDGE.
RV
K. HARILAL & ANNIE JOHN, JJ. ------------------------------------------O.P.(RC) No. 108 of 2018
-----------------------------------------Dated this the 2nd day of August, 2018.
JUDGMENT
K. Harilal,J.
The petitioner is the landlord, who filed Rent Control Petition Nos. 34, 35, 36 and 38 of 2016 before the Rent Control Court, Thiruvananthapuram seeking an order of eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act' for short).
O.P.(RC) No. 108/2018
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Rent Control Court, Thiruvananthapuram, is directed to try and dispose of the aforesaid RCPs at the earliest, at any rate within a period of six months from today.
We make it clear that this order is binding on the Rent Control Court also, if the Rent Control Court resumes sitting within six moths from today.
This Original Petition is disposed of as above.
K. HARILAL,
JUDGE.
ANNIE JOHN, JUDGE.
Rv
O.P.(RC) No. 108/2018 -3-
1 issue framed by the court
Whether the Rent Control Court should be directed to take up Rent Control Petitions filed in 2016 for disposal within a specific time frame due to inordinate delay?
Sheraffunisa
Ramesh S/o Subbayan
K. Harilal
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
