Allowed

Gopinathan A.M. v. Midhun C.S.

Kerala HC7 Sept 2021OP (RC)/68/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Kerala High Court directed the Rent Control Court, Thrissur, to finally dispose of a pending eviction petition within seven months. The court declined to examine merits, emphasizing urgency due to the petitioner's senior citizen status and health.

What did the court decide?

Directed the Rent Control Court, Thrissur to finally dispose of R.C.O.P. No. 78/2020 within seven months.

Gopinathan A.M. Vs Midhun C.S. — Property and Title | Kerala HC (2021)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE K. BABU

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TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943 O.P.(R.C) NO. 68 OF 2021

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SEEKING DIRECTION TO THE RENT CONTROL COURT, THRISSUR FOR AN EARLY DISPOSAL OF R.C.O.P.NO.78/2020 PETITIONER/PETITIONER:

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GOPINATHAN A.M. AGED 72 YEARS S/O.KIZHAKKE ANAKATHIL MADHAVAN NAIR, 'SREEGOVINDAM', KARIYANNOOR VILLAGE, ERUMAPETTY P.O., KUNNAMKULAM TALUK, THRISSUR DISTRICT - 680 584.

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BY ADV.SHRI.K.A.AUGUSTINE

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RESPONDENT/RESPONDENT:

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MIDHUN C.S. AGED 32 YEARS S/O.SURENDRAN, CHEMMANADAN VEETIL, VARANDRAPPILLY P.O., VARANDRAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 303.

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BY ADVS. SRI.LINDONS C.DAVIS SRI.E.U.DHANYA

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(R.C.)No.68 of 2021

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J U D G M E N T

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Anil K. Narendran, J.

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The petitioner, who is a senior citizen aged 72 years, who is suffering from various ailments, has filed R.C.O.P.No.78 of 2020 before the Rent Control Court, Thrissur, a petition under Section 11(2)(b), 11(4)(ii), 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent-tenant from the petition scheduled building bearing No.V/233D of Cherppu Grama Panchayat in Thrissur District. The petitioner has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court, Thrissur, to dispose of R.C.O.P.No.78 of 2020 within a time limit that may be fixed by this Court.

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On 09.07.2021, when this Original Petition came up for admission, this Court issued urgent notice on admission by speed post to the respondent, returnable within two weeks. Registry was directed to call for a report from the Rent Control Court, Thrissur, as to the present status of R.C.O.P.No.78 of 2020 and also the time limit required for its final disposal.

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Pursuant to the above order, the report of the Rent Control

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O.P.(R.C.)No.68 of 2021

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Court dated 14.07.2021 is placed on record, wherein it is stated that a period of at least nine months is required for final disposal of R.C.O.P.No.78 of 2020.

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The respondent has filed a counter affidavit on 03.08.2021, raising various contentions. On 13.08.2021, the petitioner has filed a reply affidavit.

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Heard the learned counsel for the petitioner-landlord and also the learned counsel for the respondent-tenant.

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Various contentions have been raised in the counter affidavit filed by the respondent and the reply affidavit filed by the petitioner, touching the merits of the matter pending before the Rent Control Court. It is for both sides to raise such contentions before the Rent Control Court, at appropriate stage.

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The learned counsel on both sides would point out that R.C.O.P.No.78 of 2020 now stands posted to 08.09.2021, before the Rent Control Court, for appearance of the respondent-tenant.

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Learned counsel for the respondent-tenant would submit that the tenant shall enter appearance before the Rent Control Court, on 08.09.2021, and file objection to the Rent Control Petition without any delay.

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O.P.(R.C.)No.68 of 2021

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Having considered the submissions made by the learned counsel on both sides, this Original Petition is allowed, directing the Rent Control Court to finally dispose of R.C.O.P.No.78 of 2020, as expeditiously as possible, at any rate, within a period of 'seven months' from the date of production of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE

O.P.(R.C.)No.68 of 2021

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APPENDIX

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE RENT DEED DATED 5/12/2019 EXECUTED BETWEEN THE PETITIONER AND RESPONDENT.

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Exhibit P2 TRUE COPY OF THE TREATMENT DETAILS OF THE PETITIONER ISSUED FROM AMALA INSTITUTE OF MEDICAL SCIENCES, DATED 16/11/2018.

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Exhibit P2A TRUE COPY OF THE TREATMENT DETAILS OF THE PETITIONER ISSUED FROM AMALA INSTITUTE OF MEDICAL SCIENCES, DATED 19/3/2021.

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Exhibit P3 TRUE COPY OF THE R.C.O.P.NO.78/2020 FILED BY THE PETITIONER BEFORE THE RENT CONTROL COURT, THRISSUR.

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Exhibit P4 TRUE COPY OF THE COUNTER STATEMENT DATED 20/10/2020, FILED BY THE PETITIONER HEREIN BEFORE THE THAHSILDAR AND ACCOMMODATION CONTROLLER, THRISSUR.

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Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 28/07/2021 FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE , THRISSUR RURAL.

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Exhibit P6 TRUE COPY OF THE PLAINT IN O.S.NO.1050/2020 FILED BY THE RESPONDENT / TENANT, BEFORE THE MUNSIFF COURT, THRISUR, ON 11/06/2020.

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Exhibit P7 TRUE COPY OF ELECTRICITY BILL IN CONSUMER NUMBER 1156392000725, ISSUED IN THE NAME OF THE RESPONDENT.

Gopinathan A.M. v. Midhun C.S.

Case brief

What is this about?

What did the court decide?

Gopinathan A.M. v. Midhun C.S.

Case brief

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What did the court decide?

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