Kerala High Court
Kalathil Mariyu vs P.V. Umesh Kumar on 5 December, 2016
Bench: Thottathil B.Radhakrishnan, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 5TH DAY OF DECEMBER 2016/14TH AGRAHAYANA, 1938
OP (RC).No. 165 of 2016 (O)
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RCA 174/2014 of RENT CONTROL APPELLATE AUTHORITY (DISTRICT JUDGE),
THALASSERY
PETITIONER:
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KALATHIL MARIYU
D/O. MANNU, AGED 57 YEARS, RESIDING AT RAMSHEER VILLA P.O
TEMPLE GATE, THALASSERY
BY ADV. SRI.T.V.MAMMOOTTY
RESPONDENT:
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P.V. UMESH KUMAR
S/O. NARAYANAN NAIR, AGED 39 YEARS,
RESIDING AT SAROJINI NILAYAM, KODIYOI AMSOM,
VAYALALAM DESOM P.O
MADAPPEEDIKA,PARAL, THALASSERY 670 101.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 05-12-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC).No. 165 of 2016 (O)
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APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT P1 : TRUE COPY OF THE APPEAL RCA NO 174/2014 ON THE FILE OF
THE COURT OF THE RENT CONTROL APPELLANTE AUTHORITY(DISTRICT JUDGE)
THALASSERY.
RESPONDENT'S EXHIBITS
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NIL
//TRUE COPY//
P.A.TO JUDGE
ami/
THOTTATHIL B.RADHAKRISHNAN &
DEVAN RAMACHANDRAN, JJ.
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O.P.(RC)No.165 of 2016
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Dated this the 5th day of December, 2016
JUDGMENT
Thottathil B.Radhakrishnan, J.
This original petition is filed invoking Article 227 of the Constitution of India by the landlord who won a rent control petition for eviction on ground of cessation of occupation and bona fide need. The tenant has filed an appeal. The landlord seeks an early disposal of that appeal. We have obtained a detailed report from the 1st Additional Sessions Judge & Addl. Motor Accidents Claims Tribunal, Thalassery, where the appeals under the Rent Control Act are also listed. That officer has taken pains to give us a detailed write up of the fact situation in her court, clearly indicating that she is unable to even take up hearing and trial of cases of the years 2013 and 2014. Though the Rent Control Act contains clear indicators requiring expeditious disposal of rent control matters and even if we are actually noticing the heartburn of the O.P.(RC)165/16 :-2-:
petitioner/landlord, we are unable to find our way to issue an order compelling an early disposal of the rent control appeal. However, it will be open to the petitioner to move an application for an early posting of the appeal before the court below itself at an appropriate time, which, we are sure, the learned officer will consider sympathetically to the extent possible.
Original petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN JUDGE Sd/-
DEVAN RAMACHANDRAN JUDGE ami/8.12.16 //True copy// P.A.to Judge