Tenant challenged Rent Control Court proceedings as irregular after an ex parte eviction order was set aside. Court noted court preponed matter following a High Court direction to dispose cases within four months. Writ petition disposed on these facts.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 16TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944
OP (RC) NO. 233 OF 2022
RPIA 751/2022 IN RCP 8/2019 OF RENT CONTROL (MUNSIFF) COURT,
CHITTUR
PETITIONER/PETITIONER/RESPONDENT:
RAFNA P.M., AGED 42 YEARS, W/O. MOHAMMAD RAZIC, KONDAYAN HOUSE, SHANTHI COLONY, CHANDRANAGAR, PALAKKAD DISTRICT., PIN - 678007
BY ADVS. JACOB SEBASTIAN K.V.WINSTON ANU JACOB
RESPONDENTS/RESPONDENTS/PETITIONERS:
BY ADVS. T.C.SURESH MENON B.DEEPAK(K/532/2012)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..2..
OP (RC) NO. 233 OF 2022
JUDGMENT
A. MUHAMED MUSTAQUE, J.
This OP(RC) has been filed by the tenant, who is facing an eviction before the Rent Control Court. She was set ex parte and that was later
set aside by ordering her to pay costs of Rs.5,000/-. However, before the time granted to deposit costs, the Rent Control Court preponed the matter and is proceeding with trial. This is how, she approached this Court.
is ex facie irregular and warrants interference. Now, it is also submitted that the costs ordered has been paid.
OP (RC) NO. 233 OF 2022
Jayarajan & Others v. Madhavi @ Narayani Amma & Others [2022 (7) KHC 1] to dispose of the cases
in a time bound manner. Perhaps, the Rent Control Court, respecting the direction, without reviewing earlier orders, rescheduled the date. Anyway, now there is nothing for the petitioner to worry about.
This OP(RC) is disposed of, accordingly.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
OP (RC) NO. 233 OF 2022
..4..
APPENDIX OF OP (RC) 233/2022
PETITIONER EXHIBITS
| Exhibit-P1 | A TRUE COPY OF THE R.C.P NO.8/2019 OF THE RENT CONTROL COURT (MUNSIFF), CHITTUR DATED 18.09.2019. |
|---|---|
| Exhibit-P2 | A TRUE COPY OF THE OBJECTION FILED BY THE TENANT IN R.C.P NO.8/2019 OF THE RENT CONTROL COURT (MUNSIFF), CHITTUR. |
| Exhibit-P3 | A TRUE COPY OF THE R.P.I.A. NO.751/2022 IN R.C.P NO.8/2019 OF THE RENT CONTROL (MUNSIFF) COURT, CHITTUR DATED 24.03.2022. |
| Exhibit-P4 | A TRUE COPY OF THE STATUS REPORT OF THE CASE OBTAINED FROM THE WEBSITE OF THE RENT CONTROL (MUNSIFF) COURT, CHITTUR DATED 15.11.2022. |
| Exhibit-P5 | A TRUE COPY OF THE ORDER DATED 01.12.2022 IN R.P.I.A. NO.751/2022 IN R.C.P NO.8/2019 OF THE RENT CONTROL (MUNSIFF) COURT, CHITTUR. |
1 issue framed by the court
Whether the High Court should interfere when the Rent Control Court has rescheduled dates to adhere to a general direction for time-bound disposal of pending cases.
Colour shows how this judgement treated each authority
Irvin John Jayarajan & Others v. Madhavi @ Narayani Amma & OthersReferred¶26
Irvin John OP (RC) NO. 233 OF 2022 Jayarajan & Others v. Madhavi @ Narayani Amma & Others [2022 (7) KHC 1]
RAFNA P.M.
K.C. ANANTHALAKSHMI
K.C. MURUKESAN
A. MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
