2022 Supreme(Online)(MAD) 17732
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.09.2022 CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA C.R.P.(PD)No.2742 of 2022
1.A.K.Neelakrishnan
2.Shanthi Krishnan ... Petitioners ..Vs..
Manoj Prabakar ... Respondent Prayer :- Civil Revision Petitions filed under Article 227 of the Constitution of India, to direct the District Munsif, Alandur to dispose of the petition in R.L.T.O.P.No.55 of 2020 within a stipulated time.
For Petitioners : Mr.C.Arul Murugan
O R D E R
This Civil Revision Petition has been preferred seeking a direction for speedy disposal of R.L.T.O.P.No.55 of 2020 pending on the file of the District Munsif, Alandur.
2. Heard the learned counsel for the petitioners and perused the materials available on record.
3. The revision petitioners are the landlords, who have filed an eviction petition in R.L.T.O.P.No.55 of 2020 on the ground of failure to enter into a written tenancy agreement and own use and occupation. 4. The learned counsel for the revision petitioners submitted that despite the Tamil Nadu Regulation and Rights and Responsibilities of Landlords and Tenants Act, 2017 which prescribes a specific time limit of 90 days to dispose of the petitions filed under the said Act, the said eviction petition is still posted ''for vakalat and counter''. Since the matter has not gained momentum, a direction should be given.
5. On perusal of the records and particulars of the adjudication of the case details, it is seen that the matter is still pending in the stage of ''vakalat and counter''. Despite notice was served on the respondent, one Mr.M.Thangadurai, learned Advocate has undertaken to file a memo. It is seen that on 23.10.2021 Mr.M.Thangadurai has filed vakalat along with a Miscellaneous Petition. However, once again on 22.03.2022, the matter has been posted for re-presenting ''vakalat and counter''. It is difficult to understand how the vakalat has been accepted on 23.10.2021 and thereafter, the matter stood posted ''for counter'' for at least four hearings and the matter has been once again reversed to the stage of ''vakalat and counter''.
6. The proceedings of the learned Rent Controller would only show how a matter which is required to be disposed in a timely manner as per the Tamil Nadu Regulation and Rights and Responsibilities of Landlords and Tenants Act, 2017 has been delayed
7. Though it is understandable that due to Covid-19 Pandemic situation, the Courts were not functioning effectively, that cannot be a reason for not even filing a proper vakalat for two years. Since the mandatory time has already been expired, I feel it is appropriate to impress the learned District Munsif, Aladur to dispose R.L.T.O.P.No.55 of 2020 as expeditiously as possible.
8. In the result, this Civil Revision Petition is disposed of and the learned District Munsif, Alandur is directed to dispose R.L.T.O.P.No.55 of 2020 as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.
02.09.2022 Index:Yes/No Speaking Order:Yes/No ms To
1.The District Munsif, Alandur.
2.The Section Officer, V.R.Section, High Court, Madras.
R.N.MANJULA, J.
ms
02.09.2022