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2022 Supreme(Online)(KER) 609
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943 O.P.(RC)NO.13 OF 2022 SPEEDY DISPOSAL OF R.C.A.NO.12 OF 2019 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT AND SESSIONS JUDGE - II), KOTTAYAM PETITIONERS:
1 SAJAN VARGHESE, AGED 59 YEARS, S/O.VARGHESE, MADHAVASSERIL HOUSE, MUTTAMBALAM KARA, MUTTAMBALAM VILLAGE AND POST, KOTTAYAM TALUK, KOTTAYAM - 686 004.
2 MINI SAJAN, AGED 53 YEARS, W/O.SAJAN VARGHESE, MADHAVASSERIL HOUSE, MUTTAMBALAM KARA, MUTTAMBALAM VILLAGE AND POST, KOTTAYAM TALUK, KOTTAYAM - 686 004.
BY ADVS.
J.KRISHNAKUMAR P.V.THOMAS LEENU ANANDHAN TONY GEORGE THOMAS RESPONDENTS:
1 USHA RATHEESH, AGED 57 YEARS, W/O.LATE C.D.RATHEESAN, RESIDING AT CHAMAPARA HOUSE, MARIYATHURUTHU P.O., AYMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM - 686 015.
2 ROHITH RATHEESH, S/O.LATE C.D.RATHEESAN, RESIDING AT CHAMAPARA HOUSE, MARIYATHURUTHU P.O., AYMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM - 686 015.
3 RENJITH RATHEESH, S/O.LATE C.D.RATHEESAN, RESIDING AT CHAMAPARA HOUSE, MARIYATHURUTHU P.O., AYMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM - 686 015.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Anil K. Narendran, J.
The petitioners filed R.C.(O.P.)No.19 of 2016 on the file of the Principal Rent Control Court, Kottayam, a petition under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking an order to evict the respondents herein-tenants from the petition schedule building. That Rent Control Petition was allowed granting order of eviction under Section 11(3) of the Act. Challenging the order of eviction, respondents-tenants filed R.C.A.No.12 of 2019 before the Rent Control Appellate Authority (Additional District and Sessions Judge – II), Kottayam, which is now pending consideration. The grievance of the petitioners is the delay in disposal of that appeal.
2. On 17.01.2022, when this original petition came up for admission, the Registry was directed to call for a report from the Rent Control Appellate Authority as to the time limit within which R.C.A.No.12 of 2019 can be finally disposed of. Pursuant to that order, a report dated 19.01.2022 of the Appellate Authority is placed on record, wherein it is stated that considering the restriction in connection with Covid-19 pandemic and pendency of other old listed matters, six months time is required for final disposal of R.C.A.No.12 of 2019. As per that report, the matter is listed for hearing on
24.01.2022.
3. Heard the learned counsel for the petitioners.
Considering the nature of relief proposed to be granted, service of notice on the respondents-tenants is dispensed with.
4. The learned counsel for the petitioners would submit that R.C.A.No.12 of 2019, which is now pending before the Rent Control Appellate Authority, Kottayam, arises out of an order of eviction passed by the Rent Control Court, Kottayam in R.C.(O.P.)No.19 of 2016, which is one dated 20.03.2019. A time bound consideration of that appeal is highly essential.
Having considered the report of the Rent Control Appellate Authority and also the submission made by the learned counsel for the petitioners, we deem it appropriate to dispose of this original petition, by directing the Rent Control Appellate Authority, Kottayam to dispose of R.C.A.No.12 of 2019, as expeditiously as possible, at any rate, within a period of two months from 24.01.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE R.C.A.NO.12 OF 2019 ON THE FILE OF RENT CONTROL APPELLATE AUTHORITY, (ADDL. DISTRICT AND SESSIONS JUDGE-II (SPL.)/ADDL.MACT-1), KOTTAYAM DATED 05/07/2019.
Exhibit P2 A TRUE COPY OF THE COMPUTER PRINTOUT OF THE CASE HISTORY IN R.C.A.NO.12 OF
2019 ON THE FILE OF RENT CONTROL APPELLATE AUTHORITY, (ADDL. DISTRICT AND SESSIONS JUDGE-II (SPL.)/
ADDL.MACT-I), KOTTAYAM DATED NIL.
