Allowed

Rajan Varghese v. Rojesh Varkey

Kerala HC6 Feb 2019OP (RC)/20/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, in an original petition filed by a tenant, directed the Rent Control Court to issue certified copies of orders under Sections 12(2) and 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, which remained unissued, and deferred further proceedings.

What did the court decide?

Rent Control Court directed to issue certified copies under Sections 12(2) and 12(3) within three days; proceedings under Section 12(3) deferred for 10 days.

Rajan Varghese Vs Rojesh Varkey — Writ and Judicial Review | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.HARILAL

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940

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OP (RC).No. 20 of 2019

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AGAINST THE ORDER IN I.A. Nos. 269 and 270 of 2019 in RCP 2 of 2016 of RENT CONTROL COURT, THIRUVALLA

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PETITIONER/RESPONDENT:

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RAJAN VARGHESE, AGED 48 YEARS S/O.THOMAS VARGHESE, RESIDING AT MALIYEKKAL MALAYIL HOUSE, THEKKEKKARA MURI, MADATHUMBHAGOM, PURAMATTOM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.CHERIAN GEE VARGHESE SRI.P.C.SHIJIN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.RISHIKESH HARIDAS

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RESPONDENTS/PETITIONERS:

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1 ROJESH VARKEY, AGED ABOUT 48 YEARS, S/O.VERKEY, RESIDING AT ANGATHETHU HOUSE, PULLATTU MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN-689 101.

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2 ELIZABETH SAM, AGED ABOUT 42 YEARS, W/O. ROJESH VARKEY, RESIDING AT ANGATHETHU HOUSE, PULLATTU MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN-689 101.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 06.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O.P.(RC) No. 20/2019

: 2 :

JUDGMENT

The petitioner is the tenant, who is confronting with the summary order of eviction passed against him under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act' for short) in RCP No. 2 of 2016. According to him, an order under Section 12(2) of the Act had been passed on 29.11.2018 directing him to remit arrears of rent on or before 04.12.2018. His grievance is that eventhough he has applied for the certified copy of the said order immediately after the pronouncement, the same has not been issued so far. Subsequently, an order under Section 12(3) of the Act also has been passed againt him. But, the certified copy of the said order also has not been issued so far, though he had applied for the same. According to the petitioner, unless the certified copies of the aforesaid orders are issued to him, he is unable to challenge the said orders in accordance with law and thereby he will be put to great hardship and irreparable injury.

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Heard the learned counsel for the petitioner.

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Having regard to the grievance projected in this Original Petition, the Rent Control Court, Thiruvalla is hereby directed to issue certified copies of the orders passed under Sections 12(2) and 12(3) of the Act in the said RCP, at the earliest, at any rate, within a

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O.P.(RC) No. 20/2019

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: 3 :

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period of three days from the date of receipt of a copy of this judgment. All further proceedings pursuant to the order passed under Section 12(3) of the Act against the petitioner would stand deferred for a period of 10 days from today.

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This Original Petition is disposed of as above.

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sd/- K.HARILAL, JUDGE.

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sd/- ANNIE JOHN,JUDGE.

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PETITION IN RCP NO.2/2016 BEFORE THE RENT CONTROL COURT, THIRUVALLA DATED NIL.

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EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN RCP NO.2/2016 BEFORE THE RENT CONTROL COURT, THIRUVALLA DATED 17.8.2017.

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EXHIBIT P3 TRUE COPY OF THE IA NO.2814/2018 IN RCP NO.2/2016 BEFORE THE RENT CONTROL COURT, THIRUVALLA DATED 26.11.2018.

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EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 29.11.2018 in I.A NO. 2814/2018 IN RCP NO.2/2016.

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EXHIBIT P5 TRUE COPY OF THE IA NO.2888/18 IN RCP NO.2/2016 BEFORE THE RENT CONTROL COURT, THIRUVALLA, DATED 29.11.2018.

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EXHIBIT P6 TRUE COPY OF THE RECEIPT AND MEMO DATED 22.1.2019. EXHIBIT P7 TRUE COPY OF THE IA NO.269/2019 IN RCP NO.2/2016 BEFORE THE RENT CONTROL COURT, THIRUVALLA DATED 22.1.2019 SEEKING TO SET

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O.P.(RC) No. 20/2019 : 4 :

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ASIDE EX PARTE ORDER. EXHIBIT P8 TRUE COPY OF THE IA NO.270/2019 IN RCP NO.2/2016 BEFORE THE RENT CONTROL COURT, THIRUVALLA DATED 22.01.2019.

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/True Copy/

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PS to Judge.

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Rajan Varghese v. Rojesh Varkey

Case brief

What is this about?

What did the court decide?

Rajan Varghese v. Rojesh Varkey

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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