Kerala High Court
Valappinakath Firoz vs K.P. Riyas on 17 December, 2012
Author: K.T.Sankaran
Bench: K.T.Sankaran, M.L.Joseph Francis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934
OP (RC).No. 3194 of 2012 (O)
RCA.NOS.49/2012 AND 35 OF 2012 OF THE RENT CONTROL APPELLATE
AUTHORITY, THALASSERY
PETITIONER:
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VALAPPINAKATH FIROZ,, AGED 42 YEARS
S/O KUTTYALI, RESIDING AT IRIKKUR AMSOM DESOM,
P.O. IRIKKUR, TALIPARAMBA, KANNUR DISTRICT
BY ADVS.SRI.M.SASINDRAN
SRI.SATHEESHAN ALAKKADAN
SRI.A.ARUNKUMAR
RESPONDENTS:
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1. K.P. RIYAS,, AGED 31 YEARS
S/O LATE KADER HAJI, RESIDING HAZEENA MANZIL
KEEZHOOR AMSOM DESOM, P.O. IRITTY
KANNUR DISTRICT 670 001
2. KEETHADATH SHIHABUDHEEN,, AGED 34 YEARS
S/O MAMMU, IRIKKUR AMSOM DESOM,
P.O. IRIKKUR, TALIPARAMBA TALUK
THROUGH HIS POWER OF ATTORNEY HOLDER
EDAKKADAN KANDI CHOTTI MAMU
S/O ADAM HAJI, IRIKKUR AMSOM DESM P.O, IRIKKUR
TALIPARAMBA TALUK, KANNUR DISTRICT 670001
R1 & R2 BY ADV. SRI.K.P.SUDHEER
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
17-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN &
M.L.JOSEPH FRANCIS, JJ.
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O.P.(R.C.) NO. 3194 OF 2012
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Dated this the 17th day of December, 2012
JUDGMENT
K.T.Sankaran, J.
The petitioner along with his brother filed R.C.P.Nos.35 of 2009 and 36 of 2009 on the file of the Rent Control Court, Taliparamba, respectively against the first respondent and the second respondent under Sections 11(2)(b), 11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act. It is stated that the Rent Control Court rejected the relief under Section 11(3) and granted relief on other grounds. The landlords filed R.C.A.Nos.49 of 2012 and 48 of 2012 respectively against the order in R.C.P.Nos.35 of 2009 and 36 of 2009. It is also stated that the tenants filed R.C.A.No.54 of 2012 against the order in R.C.P.No.35 of 2009 and R.C.A.No.35 of 2012 against the order in R.C.P.No.36 of 2009. Those Rent Control Appeals are pending before the Rent Control Appellate Authority.
O.P.(R.C.) NO. 3194 OF 2012 :: 2 ::
2. The reliefs prayed for in the Original Petition (R.C.) are the following:
"(I) to direct the District Judge, Thalassery to call for R.C.A.No.54 of 2012 and R.C.A.No.48 of 2012 which are now pending before the Additional District Judge (Rent Control Appellate Authority), Thalassery and R.C.A.No.49 of 2012 and R.C.A.No.35 of 2012 which are now pending before the Principal District Judge, (Rent Control Appellate Authority) Thalassery and dispose the RCAs as expeditiously as possible at the earliest, within two months;
(ii) to issue any other order as this Hon'ble Court may deem fit in the facts and circumstances of the case."
3. It is submitted by the learned counsel for the petitioner that the building is in a dilapidated condition and that it is necessary to dispose of the appeals at the earliest. Learned counsel appearing for the respondents/tenants submitted that this contention of the petitioner is not true. However, the learned counsel submitted that the tenants have no objection for an early disposal of the appeals. O.P.(R.C.) NO. 3194 OF 2012 :: 3 ::
In the facts and circumstances, there will be a direction to the Rent Control Appellate Authority, Thalassery to dispose of R.C.A.Nos.49 of 2012, 48 of 2012, 54 of 2012 and 35 of 2012 as expeditiously as possible. The learned District Judge shall post all the four appeals before the same Appellate Authority.
(K.T.SANKARAN) Judge (M.L.JOSEPH FRANCIS) Judge ahz/