The High Court dismissed a petition under Article 227 challenging the dismissal of an application to remit a commission report. The court held the lower court's decision was lawful as it offered the petitioner an option to examine the Commissioner during trial., finding no illegality.
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 ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE G. GIRISH
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
OP (RC) NO.197OF 2023
AGAINST THE ORDER IN RCP 2/2022 OF PRINCIPAL MUNSIFF COURT
KOZHIKODE-I
PETITIONER/PETITIONER/RESPONDENT:
ABDUL SATHAAR
AGED 64 YEARS
S/O ABDU, HONEST NEST, PUTHIYANGADI, PAVANGAD,
PUTHIYANGADI AMSOM , DESOM,, PIN - 673025
BY ADV K.REEHA KHADER
RESPONDENTS/RESPONDENTS/PETITIONERS:
1ABDUL BASHEER A K
AGED 48 YEARS
S/O SULAIMAN, ARIPPAN KUZHIYIL(H) SIVAPURAM IYYAD
POST SIVAPURAM AMSOM, IYYAD DESOM, KOYILANY
KOZHIKODE, PIN – 673587
2ABDUL AZEEZ
AGED 48 YEARS
S/O SULAIMAN ARIPPAN KUZHIYIL (H) SIVAPURAM IYYAD
POST SIVAPURAM AMSOM, IYYAD DESOM, KOYILANDY,
KOZHIKODE, PIN – 673587
BY ADVS.
M.SHAJNA
K.M.FIROZ(K/1714/2000)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(RC) No.197 of 2023
J U D G M E N T
G. Girish, J.
The respondent/tenant in R.C.P.No.2 of 2022 on the files of Rent Control Court, Kozhikode, has filed this petition under Article 227 of the Constitution of India, challenging the order passed by that court dismissing I.A.No.4 of 2023, a petition to remit back the commission report prepared in that case.
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O.P.(RC) No.197 of 2023
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O.P.(RC) No.197 of 2023
In the result, the petition is hereby dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/G. GIRISH, JUDGE
vgd
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O.P.(RC) No.197 of 2023
APPENDIX OF OP (RC) 197/2023
PETITIONER’S EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE PETITION RCP NO.2/2022
DATED 17/01/2022
EXHIBIT P2THE TRUE COPY OF THE COMMISSION REPORT RCP
NO. 2/2022 DATED 26/02/2022
EXHIBIT P3THE TRUE COPY OF THE APPLICATION IA 4/2023
IN RCP NO.2/2022 DATED 27/03/2023
EXHIBIT P4THE TRUE COPY OF THE ORDER IN PRINCIPLE
MUNSIFF-1, KOZHIKODE IA.04/2023 IN
RCP.02/2022 DATED 07/09/2023
2 issues framed by the court
Whether the High Court can exercise its supervisory jurisdiction under Article 227 to remit a commission report when the lower court provided an option to examine the Commissioner during trial.
Whether the absence of notice to the petitioner for the local investigation renders the Advocate Commission report liable to be remitted back.
Abdul Sathaar
Abdul Basheer A K
Abdul Azeez
Anil K. Narendran
G. Girish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court