Quashed

Cheriya Kallai Abdul Khader v. Anakkaran Kizhakke Purayil Jameela

Kerala HC2 Aug 2018RCRev./245/2018

Case brief

AI extract

What is this about?

This judgment quishes a laconic, cryptic order passed by the Rent Control Appellate Authority, Thalassery, for lacking reasoning. The High Court set it aside and directed theAuthority to pass a reasoned order afresh after granting both parties an opportunity of hearing.

What did the court decide?

The order of the Rent Control Appellate Authority is set aside, and it is directed to pass a reasoned order afresh within two weeks after affording an opportunity of hearing to both parties.

Cheriya Kallai Abdul Khader Vs Anakkaran Kizhakke Purayil… — Quashing and FIR | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR.JUSTICE K.HARILAL

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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THURSDAY, THE 2ND DAY OF AUGUST 2018 / 11TH SRAVANA, 1940

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AGAINST THE ORDER DATED 03-10-2017 IN RCA NO.192/2011 of RENT CONTROL APPELLATE AUTHORITY, THALASSERY

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AGAINST THE ORDER IN RCP NO.15/2011 of THE RENT CONTROL COURT, PAYYANNUR

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REVISION PETITIONER/APPELLANT/RESPONDENT:-

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CHERIYA KALLAI ABDUL KHADER, S/O.MOIDU, AGED 50 YEARS, NILESWARAM, HOSDURG, KASARGOD DISTRICT.

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BY ADV.SRI.T.V.JAYAKUMAR NAMBOODIRI

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RESPONDENT/RESPONDENT/PETITIONER:-:

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ANAKKARAN KIZHAKKE PURAYIL JAMEELA, D/O.KUNHAYISSU, AGED 40 YEARS, PAYYANUR AMSOM, KAVVAI DESOM, KAVVAI P.O., KANNUR DISTRICT - 670 001.

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THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 02-08-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DST

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K. HARILAL & ANNIE JOHN,JJ. = = = = = = = = = = = = = = = = = R.C.R.No.245 of 2018(B)

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- - - - - - -- - - - - - - - - - - - - - Dated this the 2^nd day of August, 2018

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O R D E R

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K. Harilal, J.

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This revision petition has been filed,

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challenging the order dated 03.10.2017 passed in R.C.A. No.192 of 2011 of the Rent Control Appellate

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Authority, Thalassery.

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The impugned order is cryptic as well as

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laconic. Prima facie we are not satisfied with the manner in which the order has been rendered by the Rent Control Appellate Authority and we express our displeasure in this respect. The application on which the impugned order was passed is not discernible. Reasoning is the soul of a judicial order and order without reasoning is not a judicial

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order in the eye of law. Therefore, this impugned

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R.C.R. No.245 of 2018(B)

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-: 2 :-

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order is not an order in the eye of law.

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Consequently, this order is set aside at

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the threshold and the Rent Control Appellate Authority, Thalassery is directed to pass an order afresh, in accordance with the manner in which Rent Control Appellate Authority is expected to pass a judicial order. The order shall be passed afresh, after affording an opportunity of being heard to both parties, at the earliest, at any rate, within a period of two weeks from the date of receipt of a copy of this order.

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This Revision Petition is allowed accordingly.

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Sd/-

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K. HARILAL, JUDGE

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Sd/- ANNIE JOHN, JUDGE

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DST

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//True copy//

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P.A. To Judge

Cheriya Kallai Abdul Khader v. Anakkaran Kizhakke Purayil Jameela

Case brief

What is this about?

What did the court decide?

Cheriya Kallai Abdul Khader v. Anakkaran Kizhakke Purayil Jameela

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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