Disposed

Kochannam v. Mini Unnikrishnan

Kerala HC25 Nov 2022OP (RC)/225/2022

Case brief

AI extract

What is this about?

Petitioner, who is the respondent-landlady in a pending rent appeal, filed an original petition seeking a time-bound disposal directive for the Rent Control Appellate Authority, Thrissur, citing hardship due to non-disposal.

What did the court decide?

Direction issued to the Rent Control Appellate Authority, Thrissur, to dispose of RCA No.69/2020 within three months from the date of production of a certified copy of this judgment.

Kochannam Vs Mini Unnikrishnan — Public Procurement and Tenders | Kerala HC (2022)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944

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OP (RC) NO. 225 OF 2022

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[RCA 69/2020 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, THRISSUR]

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PETITIONER/RESPONDENT/PETITIONER:

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KOCHANNAM,

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AGED 56 YEARS,

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W/O PURATHUR KUNKUMATH GEORGE, ENGANDIYUR AMSOM, KUNDALIYUR DESOM, ENGANDIYUR P O, CHAVAKKAD TALUK, THRISSUR DISTRICT , PIN - 680615

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BY ADV G.SREEKUMAR (CHELUR)

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RESPONDENT/APPELLANT/RESPONDENT:

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MINI UNNIKRISHNAN AGED 45 YEARS W/O KARYATTU UNNIKRISHNAN, ENGANDIYUR AMSOM, KUNDALIYUR DESOM, ENGANDIYUR P O, CHAVAKKAD TALUK, THRISSUR DISTRICT , PIN - 680615

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (RC) NO. 225 OF 2022

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..2..

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JUDGMENT

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SHOBA ANNAMMA EAPEN, J:

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The petitioner is the respondent/landlady in RCA No.69 of 2020 on the files of the Rent Control Appellate Authority, Thrissur. The above OP(RC) is filed by the petitioner seeking for a direction to the Rent Control Appellate Authority, Thrissur, to dispose of RCA No.69/2020 in a time bound manner.

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The petitioner/landlady filed RCP No.167/2016 on the files of the Rent Control Court, (Munsiff) Chavakkad, under Section 11(2) (b)of the Kerala Buildings (Lease & Rent Control) Act, 1965. The Rent Control Petition was allowed, against which, the respondent filed appeal.

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Due to the pendency of the appeal, the petitioner is put to hardship since vacant possession of the petition schedule room could not be obtained. Hence, the petitioner prays for a direction for a speedy disposal of the appeal pending before the Rent Control Appellate Authority, Thrissur.

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Heard the learned counsel for the petitioner. Having considered the nature of the relief proposed to be granted, notice to the respondent is dispensed with.

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OP (RC) NO. 225 OF 2022

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..3..

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Ext.P3 appeal is filed by the respondent/tenant in the month of March 2020. The learned counsel for the petitioner submits that due to the non-disposal of the rent control appeal, the petitioner is put to substantial loss and hardship. In view of the facts in this case, we feel that a direction can be given to the Rent Control Appellate Authority to dispose of the Rent Control Appeal in a time bound manner.

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Accordingly, this Original Petition (RC) is disposed of. The Rent Control Appellate Authority, Thrissur, is directed to consider and dispose of RCA No.69/2020 pending on its file, in accordance with law, within a period of three months from the date of production of a certified copy of this judgment.

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The petitioner shall serve a copy of this Original Petition (RC) as well as a copy of the judgment to the respondent.

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Sd/-

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A. MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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MBS/

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OP (RC) NO. 225 OF 2022

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..4..

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APPENDIX OF OP (RC) 225/2022

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE COMMON ORDER IN R.C.P. 86 OF 2012DATED 03.02.2016 ON THE FILE OF RENT CONTROL COURT (MUNSIFF COURT), CHAVAKKAD. Exhibit P2 A TRUE COPY OF THE ORDER IN R.C.P NO. 167 OF 2016DATED 15.07.2019 ON THE FILE OF THE RENT CONTROL COURT, CHAVAKKAD. Exhibit P3 A TRUE COPY OF THE APPEAL IN R.C.A NO. 69 OF 2020 DATED 13.03.2020 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, THRISSUR.

Kochannam v. Mini Unnikrishnan

Case brief

What is this about?

What did the court decide?

Kochannam v. Mini Unnikrishnan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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