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2017 Supreme(Ker) 1061

K.HARILAL, A.M.BABU
Manager, Sai Service Station Ltd. – Appellant
Versus
Dileep Ganesh – Respondent


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

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




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