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2022 Supreme(Online)(KER) 21886

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 OP (RC) NO. 46 OF 2022 R.C.P.NO.1 OF 2021 ON THE FILES OF THE RENT CONTROL COURT (MUNSIFF MAGISTRATE COURT), PERINTHALMANNA PETITIONER/PETITIONER:

MUSTHAFA P.K AGED 65 YEARS SON OF MAMMICHA HAJI, POOKKODAN HOUSE, HOSPITAL ROAD , PERINTHALMANNA , MALAPPURAM DISTRICT, PIN - 679322 BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT/RESPONDENT:

RAVEENDRAN NAIR, AGED 65 YEARS, S/O.KRISHNAN, MANAGING DIRECTOR M/S WALTZ HOSPITALS PVT LTD AL MARFA TOWER MANNARKAD ROAD PERINTHALMANNA POST PINCODE 679322 HAVING PERMANENT RESIDENCE AT RATNAM HOUSE NO 58 PTP NAGAR THIRUVANANTHAPURAM, PIN – 695038 EMAIL:waltzhospital@gmail.com R BY BY ADV.SRI.GOPAKUMAR R.THALIYAL THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioner filed R.C.P.No.1 of 2021 before the Rent Control Court, Perinthalmanna, under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent herein-tenant from the petition schedule building. The grievance of the petitioner is the delay in disposal of R.C.P.No.1 of 2021 by the Rent Control Court. According to the petitioner, the tenant is adopting various methods to delay the disposal of R.C.P.No.1 of 2021. On account of such attitude, service of notice is not complete in R.C.P.No.1 of 2021. Hence, the petitioner-landlord has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court, Perinthalmanna to permit him to take out notice to the respondent-tenant in R.C.P.No.1 of 2021 to his e-mail address or whatsapp number.

2. On 03.03.2022, when this original petition came up for admission, this Court issued urgent notice by special messenger to the respondent, returnable by 07.03.2022. The special messenger was permitted to effect service of notice by affixture, if found necessary. Registry was directed to call for a report from the Rent Control Court, Perinthalmanna, as to the present status of R.C.P.No.1 of 2021 and also on service of notice on the respondent-tenant.

3. On 07.03.2022, when this matter came up for consideration, despite service of notice by special messenger, none appeared for the respondent. Therefore, the learned counsel for the petitioner was directed to serve a copy of this original petition to Adv.Sri.Gopakumar R. Thaliyal, who filed W.P.(C)No.3256 of 2021 on behalf of the respondent herein.

4. On 09.03.2022, when the matter was taken up for consideration, this Court passed the following order;

“This Original Petition is filed invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking a direction to the Rent Control Court (Munsiff), Perinthalmanna to permit the petitioner to take out notice to the respondent in R.C.P.No.1 of 2021 pending before that court in his e-

mail address or whatsapp Number.

The petitioner is the landlord, who filed R.C.P.No.1 of 2021 seeking eviction of the respondent-tenant under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The allegation of the petitioner is that despite issuing repeated notices, the respondent-tenant is evading the notices somehow.

On 03.03.2022, when this matter came up for hearing, notice through Special Messenger to the respondent was ordered and the same was served on the respondent.

Today, the learned counsel, who appeared for the respondent in Ext.P2 writ petition, entered appearance and made submissions for the respondent.

As directed by this Court, the Rent Control Court (Munsiff), Perinthalmanna has submitted a report dated 04.03.2022 regarding the status of R.C.P.No.1 of 2021. The learned Rent Control Court reported that notice issued to the respondent was returned unserved and the rent control petition now stands posted to

28.03.2022 for return of notice issued second time.

The learned counsel appearing for the respondent would submit that notice in the rent control petition may be issued in the e-mail address of the respondent and he can furnish the e-mail ID of the respondent. He accordingly furnished the e-mail ID of the respondent, which is rava06@gmal.com.

Having heard the learned counsel appearing on either side and also taken into account the facts and circumstances of the case, we deem it appropriate to direct the Rent Control Court, Perinthalmanna, to issue notice in the e-mail ID of the respondent for his appearance before that court on 28.03.2022, in addition to the notice already issued in the normal mode.”

5. Heard Sri.K.M.Sathyanatha Menon, the learned counsel for the petitioner-landlord and also Sri.Gopakumar R.

Thaliyal, the learned counsel for the respondent-tenant.

6. During the course of arguments, the learned cou

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