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2014 Supreme(Online)(KER) 15661
HIGH COURT OF KERALA
K.T.SANKARAN, P.UBAID, JJ
ATHIPPARAMBATH VIJAYAN – Appellant
Versus
THE TAHSILDAR – Respondent
OP (RENT CONTROL) 15/2014
The court established the necessity for a timely and fair decision by the Accommodation Controller in tenancy disputes under the Kerala Rent Control Act.
Headnote:
Eviction - Rent Control - Kerala Buildings (Lease and Rent Control) Act - Sections 11(4)(ii), 17 - The Act governs tenant eviction and application processes, emphasizing fair hearings and jurisdictional authority.
Fact of the Case:
The petitioner, a tenant, faces eviction proceedings initiated by the landlord under the Kerala Buildings (Lease and Rent Control) Act. The tenant seeks resolution of a pending application submitted to the Accommodation Controller regarding his tenancy rights.
Finding of the Court:
The court directed the Accommodation Controller to expeditiously decide the tenant's application, ensuring both parties have a chance to be heard, thereby preserving the tenant's rights while respecting the landlord's claims.
Issues: Whether the Accommodation Controller must decide the pending application in light of the landlord's eviction proceedings and allegations concerning unauthorized constructions.
Ratio Decidendi: The court emphasized the importance of prompt resolution by the Accommodation Controller while ensuring procedural fairness for both parties, in accordance with the specified sections of the Act.
Final Decision: The court ordered the Accommodation Controller to expedite the decision on the tenant's application within three months.
JUDGMENT
K.T.Sankaran, J.
The petitioner is the tenant of a shop building in Pallikkal Grama Panchayat which belongs to the third respondent. The third respondent has filed R.C.P.No.25 of 2013 before the Rent Control Court, Parappanangadi (Ext.P1), for eviction of the tenant under Section 11 (4)(ii) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). That petition is pending.
2. According to the petitioner, he moved Ext.P3 application dated 31.10.2013 before the Accommodation Controller (Tahsildar, Tirurangadi) under Section 17 of the Act. Ext.P3 application is pending. It is submitted that subsequent to the formation of Kondotty Taluk, the Tahsildar, Kondotty, who is the Accommodation Controller having jurisdiction, has to dispose of Ext.P3 application. The relief prayed for in the Original Petition is to issue a direction to the Accommodation Controller having jurisdiction to pass final orders on Ext.P3 application.
3. In the counter affidavit filed by the third respondent, it is stated that the petitioner and another tenant (Jayaprakash) had encroached upon some portions of the property belonging to the Panchayat and made unauthorised constructions therein. It is also alleged that the tenant had made material and permanent alterations to the building reducing its value and utility. It is stated that Pallikkal Grama Panchayat issued Ext.R3(a) and Ext.R3(b) stop memos to the petitioner in respect of certain constructions. It is also contended that the application before the Accommodation Controller is not maintainable and that it was filed without issuing notice to the landlord.
4. Ext.P3 application filed by the petitioner is to be disposed of by the Accommodation Controller having jurisdiction, after hearing both parties. No prejudice would be caused to any of the parties if a direction is issued to the Accommodation Controller to dispose of the said application expeditiously.
Accordingly, the Original Petition (RC) is disposed of directing the Accommodation Controller having jurisdiction to dispose of Ext.P3 application after affording an opportunity of being heard to both parties, as expeditiously as possible and, at any rate, within a period of three months. If the first respondent finds that the second respondent is the Accommodation Controller having jurisdiction, the files relating to Ext.P3 application shall be made over to the second respondent. If so, the second respondent shall issue notice to the parties and dispose of the matter after affording an opportunity of being heard to both parties.
(K.T.SANKARAN)
Judge (P.UBAID)
Judge ahz/
