Kerala High Court
Rasiya Thayyullathil vs Abdul Kareem Kulangarath on 13 February, 2020
Bench: K.Harilal, C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941
OP (RC).No.25 OF 2020
AGAINST THE ORDERS IN I.A.NO.949/2019 AND I.A.NO.1044/2019 IN RCP
23/2018 OF RENT CONTROL COURT, NADAPURAM
PETITIONERS/PETITIONERS 2, 3, 4, 7 & 8 IN I.A.:
1 RASIYA THAYYULLATHIL, AGED 39 YEARS,
D/O. LATE KUNHAMMAD KUTTY, VANIMEL AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT.
2 NAJMA THAYYULLATHIL, AGED 31 YEARS
W/O. YAZAR, COMPUTER TRAINEE, VALAYAM AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT.
3 PATHU THAYYULLATHIL, AGED 65 YEARS
W/O. LATE KUNHAMMAD KUTTY, VANIMEL AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT.
4 SOUDHA THAYYULLATHIL, AGED 38 YEARS
D/O. LATE KUNHAMMAD KUTTY, VANIMEL AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT.
5 SHAHIDA THAYYULLATHIL, AGED 37 YEARS
D/O. LATE KUNHAMMAD KUTTY, VANIMEL AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT.
BY ADV. SRI.R.K.MURALIDHARAN
RESPONDENT/RESPONDENT:
ABDUL KAREEM KULANGARATH, AGED 52 YEARS
S/O.POCKER, CHEKKOTTA HOUSE, VALAYAM AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT - 673 517.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 13.02.2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC).No.25 OF 2020
2
JUDGMENT
Harilal, J The petitioners are the landlords of a commercial building. The grievance of the petitioners is that even though, I.A.Nos.949/2019 and 1044/2019 filed by the petitioners had been rejected by the Rent Control Court, Nadapuram, the carbon copy and certified copy of the orders passed in the aforesaid applications have not been delivered to the petitioners so far. According to the petitioners, they are deprived of their statutory remedies by the non-delivery of impugned orders passed by the Rent Control Court. Hence this petition.
2. Heard the learned counsel for the petitioners.
3. Having regard to the grievance projected in this OP (RC).No.25 OF 2020 3 original petition, the Rent Control Court, Nadapuram is hereby directed to issue carbon copy of the order in I.A.No.949/2019 dated 06.02.2020 and certified copy of the order in I.A.No.1044/2019 dated 24.01.2020, to the petitioners, at the earliest, at any rate, within a period of three days from the date of receipt of a copy of this judgment.
4. In the meanwhile, all further proceedings in R.C.P.No.23/2018 would stand deferred till the delivery of the orders referred above. The O.P.(RC) is disposed of accordingly.
Sd/- K.HARILAL, JUDGE sd/- C.S.DIAS, JUDGE AMV/13/02/2020 OP (RC).No.25 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF RENT CONTROL PETITION IN R.C.P.NO.23/2018.
EXHIBIT P2 A TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT IN R.C.P NO.23/18.
EXHIBIT P3 A TRUE COPY OF THE AFFIDAVIT ALONG WITH THE IA NO.436/2019.
EXHIBIT P4 A TRUE COPY OF THE ORDER PASSED BY THE MUNSIFF COURT IN IA NO.436/2019 IN RCP NO.23/2018 DATED 9.7.2019.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN OP(RC) NO.119/2019 DATED 27.9.2019.
EXHIBIT P6 A TRUE COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER DATED 31.10.2019.
EXHIBIT P7 A TRUE COPY OF THE APPLICATION IN IA NO.949/2019 SUBMITTED FOR APPOINTING A NEW ADVOCATE COMMISSIONER.
EXHIBIT P8 A TRUE COPY OF IA NO.1044/2019 FILED BY THE PETITIONERS.
RESPONDENTS EXHIBITS : NIL TRUE COPY P.A.TO JUDGE