Landlord sought a direction to the Rent Control Court, Chengannur to expedite disposal of rent control petitions. Noting pending execution proceedings and Section 12(1) applications, the court declined to entertain the request and permitted withdrawal; the petition was dismissed as withdrawn.
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 AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 OP (RC) NO. 20 OF 2024
AGAINST RCP NO.2 OF 2023 OF MUNSIFF COURT,CHENGANNUR
PETITIONER/PETITIONER:
MARIAMMA JOHN AGED 72 YEARS W/O. LATE JOY VELLURUZHATHIL JOHN, UZHATHIL HOUSE, VAZHARMANAGALAM, CHENGANNUR P.O., CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT REPRESENTING THROUGH HER POWER OF ATTORNEY HOLDER RAJENDRA PRASAD, AGED 43, S/O. LATE KUNJUKUNJU, PALLIPPURATH HOUSE, WEST OTHERA P.O., KUTTOOR VILLAGE, THIRUVALLA TALUK, PIN - 689551
BY ADVS. P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN ROSHIN MARIAM JACOB SAI KRISHNAN UNNITHAN V.
RESPONDENT/RESPONDENTS:
1 K.T. THOMAS KADAKKETHU HOUSE, ANGADICKAL MURI, CHENGHANNUR VILLAGE, CHENGANNUR TALUK. ALAPPUZHA DISTRICT., PIN - 689121
2 BABU KUMAR AGED 57 YEARS S/O. LATE PONNAPPAN PILLAI, GOVINDAVILASAM HOUSE, KEEZHCHRI MURI, CHENGHANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN - 689121
3 RAJENDRAN AGED 56 YEARS S/O. LATE PONNAPPAN PILLAI, THATTARETHU HOUSE, THALAYAR MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT., PIN - 689121
4 MARIAMA SAMUEL, AGED 83 YEARS KAIPALLIMADOM PEEDIKAYIL HOUSE, KEEZHCHERI MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN – 689121
OP (RC) NO. 20 OF 2024
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5 ANIYAN, AGED 61 YEARS S/O MARIYAMMA SAMUEL, KAIPALLIMADOM PEEDIKAYIL HOUSE, KEEZHCHERI MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN - 689121
6 SURESH AGED 52 YEARS S/O. LATE SUKUMARAN, KALATHARA HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN - 689121
7 SUNIL AGED 50 YEARS S/O. SUKUMARAN, KALATHARAYIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT., PIN - 689121
BY ADVS. N.ASHOK KUMAR ARJUN S.KURUPP(K/114/2023) MARIAMMA GEORGE MARANGOLY(K/60/1977)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 20 OF 2024
3
J U D G M E N T
AMIT RAWAL, J.
The present writ petition has been filed with the following
prayers:
“(i) to issue a direction, order directing the learned Rent Control Court, Chengannur to dispose of RCP No.2/2023, RCP No.3/2023, RCP No.4/2023 within a time limit fixed by this hon'ble court, or
(ii) to issue such other reliefs as this Hon'ble Court deems fit and just in the circumstances of the case.”
OP (RC) NO. 20 OF 2024
4
liberty of this Court for withdrawal of the present petition for pursuing the pending applications/execution petition.
Petition is dismissed as withdrawn.
SD/AMIT RAWAL JUDGE
SD/EASWARAN S. JUDGE
rp
OP (RC) NO. 20 OF 2024
5
APPENDIX OF OP (RC) 20/2024
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE COMMON J NO. 80/2022, RCR NO. 81/2 HON'BLE COURT DATED 04.11 |
UDGEMENT IN RCR NO. 79/2022, RCR 022 AND RCR NO. 84/2022 OF THIS .2022 |
|---|---|---|
| Exhibit P2 | TRUE COPY OF THE JUDGMENT HON'BLE COURT DATED 04.11 |
IN OP (RC) NO. 95/2022 OF THIS .2022 |
| Exhibit P3 | TRUE COPY OF THE COMMON J NO.2/2013, RCP NO. 3/2013 CONTROL COURT, CHENGANNUR |
UDGEMENT IN RCP NO.1/2013, RCP AND RCP NO.4/2013 OF THE RENT DATED 24.08.2023 |
| Exhibit P4 | TRUE COPY OF THE PETITION CONTROL COURT, CHENGANNUR THE 1ST RESPONDENT DATED |
IN RCP NO.2/2023 BEFORE THE RENT FILED BY THE PETITIONER AGAINST 01.11.2023 |
| Exhibit P5 | TRUE COPY OF THE PETITION CONTROL COURT, CHENGANNUR THE RESPONDENTS 2 AND 3 D |
IN RCP NO.3/2023 BEFORE THE RENT FILED BY THE PETITIONER AGAINST ATED 01.11.2023 |
| Exhibit P6 | TRUE COPY OF THE PETITION CONTROL COURT, CHENGANNUR THE RESPONDENTS 4 AND 5 D |
IN RCP NO.4/2023 BEFORE THE RENT FILED BY THE PETITIONER AGAINST ATED 31.10.2023 |
| Exhibit P7 | TRUE COPY OF THE PETITION CONTROL COURT, CHENGANNUR THE RESPONDENTS 6 AND 7 D |
IN RCP NO.5/2023 BEFORE THE RENT FILED BY THE PETITIONER AGAINST ATED 01.11.2023 |
| Exhibit P8 | TRUE COPY OF THE JOINT TR IN RCP NO.4/2023 FILED BY CONTROL COURT, CHENGANNUR |
IAL PETITION IN I.A. NO. 3/2024 THE PETITIONER BEFORE THE RENT DATED 31.01.2024 |
1 issue framed by the court
Should the Rent Control Court be directed to dispose of RCP Nos. 2, 3 and 4 of 2023 within a time fixed by the High Court?
Mariamma John
K.T. Thomas
Babu Kumar
Rajendran
Mariama Samuel
Aniyan
Amit Rawal
Easwaran S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
