The High Court of Kerala, on an O.P. filed by a landlord facing delay in eviction appeals, directed the Rent Control Appellate Authority at Mavelikara to dispose of pending appeals within three months to address urgent hardship.
Directed Rent Control Appellate Authority, Mavelikara, to dispose of pending appeals within three months.
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 K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
OP (RC).No. 15 of 2019
AGAINST THE ORDER/JUDGMENT IN RCA 9/2017 of ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONER/S:
SYED MUHAMMEDKUNJU, AGED 67 YEARS FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYAM-686 101.
BY ADV. SRI.PRAMOD J.DEV
RESPONDENT/S:
P.S. GOPALAKRISHNANACHARI, S/O. SADANANDANACHARI. P.S. OLAMOOTTIL HOUSE, PARUMALA MURI, TIRUVALLA, PATHANAMTHITTA - 689 626
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
01.02.2019, ALONG WITH OP (RC).16/2019, OP (RC).17/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(RC).No.15/2019 &CONN.CASES 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
OP (RC).No. 16 of 2019
AGAINST THE ORDER/JUDGMENT IN RCA 7/2017 of ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONER/S:
SYED MUHAMMEDKUNJU, AGED 67 YEARS FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYAM 686 101.
BY ADV. SRI.PRAMOD J.DEV
RESPONDENT/S:
1 ANIL P VARGHESE PATHIYIL FLAT 9, CHUNGAM MURI, KOTTAYAM DISTRICT 686 001.
2 NAJI, S/O. SYED MUHAMMED KUNJU, FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYM 686 101.
3 KUNJAMMA THOMAS (DIED ON 20.6.2016), W/O. THOMS PALLATHAN, PALLATHAN VEETTIL, SYRIAN CHURCH ROAD, NEAR KERALA HIGH COURT, ERNAKULAM 682 031.
4 SIROSH.P. THOMAS, S/O. KUNJAMMA THOMAS, PALLATHAN VEETTIL, SYRIAN CHURCH ROAD, NEAR KERALA HIGH COURT, ERNAKULAM 682 031.
OP(RC).No.15/2019 &CONN.CASES 3
6 SIJO P. THOMAS, S/O. KUNJAMMA THOMAS, PALLATHAN VEETTIL, SYRIAN CHURCH ROAD, NEAR KERALA HIGH COURT, ERNAKULAM 682 031.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01.02.2019, ALONG WITH OP (RC).17/2019, OP (RC).15/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(RC).No.15/2019 &CONN.CASES 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
OP (RC).No. 17 of 2019
AGAINST THE ORDER/JUDGMENT IN RCA 6/2017 of ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONER/S:
SYED MUHAMMEDKUNJU,AGED 67 YEARS FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYAM- 686 101
BY ADV. SRI.PRAMOD J.DEV
RESPONDENT/S:
1 SUSAMMA JACOB, W/O.THOMAS ZACHARIA, NEAR CARGO CABLE FACTORY, PUNNAKUNNAM, THIRUVALLA, PATHANAMTHITTA-688 504.
2 ANIL P VARGHESE PATHIYIL FLAT 9, CHUNGAM MURI, KOTTAYAM DISTRICT, PIN-686 001
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01.02.2019, ALONG WITH OP (RC).16/2019, OP (RC).15/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(RC).No.15/2019 &CONN.CASES 5
JUDGMENT
K. HARILAL. J.,
The petitioner in all the aforesaid original petitions is the landlord, who obtained an order of eviction against the respondents in all the Rent Control Petitions. But the respondents have filed Rent Control Appeals as Appeal Nos.9/2017, 7/2017 and 6/2017 before the Rent Control Appellate Authority and those appeals are pending for consideration and disposal despite long lapse of time. The petitioner is in urgent need of the said shop rooms after re-construction. According to the petitioner, unless a specific direction is given to the Appellate Authority to dispose of the case within a specified time, the petitioner will be put to great hardship.
OP(RC).No.15/2019 &CONN.CASES 6
directed to consider and dispose of the said appeals within a period of three months from today.
Sd/-
K.HARILAL
JUDGE
Sd/-
ANNIE JOHN
JUDGE
ajt
OP(RC).No.15/2019 &CONN.CASES 7
APPENDIX OF OP (RC) 15/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE IN RCA NO.9 OF 2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA RECEIVED BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE CASE DETAILS IN RA NO.9/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.
EXHIBIT P3 TRUE COPY OF THE DAILY STATUS IN RAC NO.9/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.6.2016 OF THIS HON'BLE COURT IN O.P(RC) 83 OF 2016.
OP(RC).No.15/2019 &CONN.CASES 8
APPENDIX OF OP (RC) 16/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE IN RCA NO. 7 OF 2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKAKRA RECEIVED BY THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE PETITION TO CONDONE THE DELAY IN RCA NO. 7 OF 2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.
EXHIBIT P3 TRUE COPY OF THE CASE DETAILS IN RCA NO. 7/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.
EXHIBIT P4 TRUE COPY OF THE DAILY STATUS IN RCA NO. 7/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22.06.2016 OF THIS HONBLE COURT IN OP RC 82 OF 2016.
OP(RC).No.15/2019 &CONN.CASES 9
APPENDIX OF OP (RC) 17/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NOTICE OF RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA RECEIVED BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF PETITION TO CONDONE THE DELAY IN RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA. EXHIBIT P3 TRUE COPY OF THE DETAILS IN RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA EXHIBIT P4 TRUE COPY OF THE DAILY STATUS IN RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22/6/2016 OF THIS HONOURABLE COURT IN OP(RC) 84/2016.
1 issue framed by the court
Whether the Rent Control Appellate Authority should be directed to dispose of pending appeals due to long lapse of time and petitioner's urgency.
Syed MuhammedKunju
P.S. Gopalakrishnanachari
Anil P Var Ghese
Naji
Sheeba Abey
Sirosh P. Thomas
K. Harilal
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
