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2017 Supreme(Ker) 1061

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. HARILAL, A.M. BABU, JJ.
Manager, Sai Service Station Ltd. & Anr. - Petitioners
Vs.
Mr. Dileep Ganesh - Respondent
OP (RC) No. 157 of 2017 (O)
Decided On : 31-10-2017

Advocates:
Advocate Appeared:
For the Petitioners: Sri. Anto Thomas, Sri. P.S. Syamkuttan
For the Respondent: Sri. P.K. Ravisankar

Headnote:

Kerala Buildings (Lease and Rent Control) Act 1965 - Section 3 - Rent Control Courts - Nyayadhikaris in the State - Held, unless and until a notification appointing Nyayadhikaris as Rent Control Courts under S.3 of the Act is issued, the Gram Nyayalayas can have no jurisdiction and power to consider and dispose of the Rent Control Petitions. Even though notification adding Kerala Buildings (Lease and Rent Control) Act to Part-III of the 1st Schedule to the Gram Nayalaya Act has been issued, the same is not sufficient to empower the Gram Nyayalayas to entertain, try or decide Rent Control Petitions under the Kerala Buildings (Lease and Rent Control) Act

JUDGMENT :

Harilal, J.

1. This Original petition is filed challenging Ext.P1 order wherein the Nyayadhikri, Gram Nyayalaya, Mathilakom, has found that, the Gram Nyayalaya has jurisdiction and power to consider and dispose of the rent control petition. The petitioner contends that the required notification under Section 3 of the Kerala Buildings (Lease and Rent Control) Act conferring jurisdiction and power to Gram Nyayalaya under Sec.3 of the Act has not been issued so far. Hence, the Gram Nyayalaya has no jurisdiction and power to consider and dispose of the rent control petition.

2. On instructions, the Registry has reported that Nyayadhikaris in the State are not yet notified as Rent Control Courts as envisaged under Section 3 of the Act. Even though the High Court has taken necessary steps to issue such a notice under Section 3 of the Act, the Government has not issued the notification so far.

3. We are of the view that unless and until a notification appointing Nyayadhikaris as Rent Control Courts under Section 3 of the Act is issued, the Gram Nyayalayas can have no jurisdiction and power to consider and dispose of the rent control petitions. Even though notification adding Kerala Buildings (Lease and Rent Control) Act to Part-III of the 1st schedule to the Gram Nayalaya Act has been issued, the same is not sufficient to empower the Gram Nyayalayas to entertain, try or decide Rent Control petitions under the Kerala Buildings (Lease and Rent Control) Act. Consequently Ext.P1 order will stand set aside and the Nyadhikari is directed to send back the rent control petition to the Rent Control Court, Kodungallur.

4. Registry is directed to circulate a copy of this judgment with the approval of the Hon'ble the Chief Justice to all Gram Nyayalayas and District Judges for appropriate action. In case, the notification under Section 3 of the Kerala Buildings (Lease and Rent Control) Act is issued, the District Judges shall be free to transfer the Rent Control Petitions to Gram Nyayalayas.

5. In the instant case, on receipt of the Rent Control Petition, the Rent Control Court, Kodungallur shall dispose of the Rent Control Petition at the earliest, at any rate, within a period of three months from the date of receipt of the records.



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