Sabastiamma v. Abdul Rahuman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.1307 of 2017 1.Sabastiamma 2.S.Amuthan 3.Mariya Susaliya .. Petitioners Vs.

Abdul Rahuman .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Rent Controller of Gudalur, The Nilgiris, to dispose of RCOP.No.15 of 2016 within the time frame.

For Petitioners : Mr.M.A.R.Pragash

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Rent Controller of Gudalur, The Nilgiris, to dispose of RCOP.No.15 of 2016, within the time frame.

2. The Petitioners/landlords filed a petition in RCOP.No.15 of 2016 for eviction of the respondent on the ground of wilful default

committed by the respondent in respect of payment of rent.

3. The respondent herein filed RCOP.No.20 of 2016 on the file of the Rent Controller cum District Munsif, Gudalur, the Nilgiris, to deposit the rent and the same is pending.

4.

The respondent has not filed any counter and the said RCOP.No.15 of 2016 is pending without any progress and the respondent is dragging on the matter.

5. In such circumstances, the petitioners have come out with the present Civil Revision Petition for speedy disposal of the RCOP.No.15 of 2016, within a time frame, fixed by this Court.

6. Heard the learned counsel appearing for the petitioners.

7. Having regard to the submissions made by the learned counsel on either side, considering the limited prayer sought for in the civil revision petition and since the suit is pending from the year 2014, without expressing any opinion with regard to the merits of the matter, I direct the learned Rent Controller of Gudalur, the

Nilgiris, to dispose of RCOP.No.15 of 2016 in O.S.No.116 of 2014, on merits and in accordance with law, as expeditiously as possible, in any event, not later than 31st August, 2017. In the result, the Civil Revision Petition is allowed. No costs. 10.04.2017 Speaking / Non-speaking order Index : Yes/No gv To The Rent Controller of Gudalur, The Nilgiris.

V.M.VELUMANI., J.

gv C.R.P.(PD)No.1307 of 2017 10.04.2017

CRP PD No.1307 of 2017 V.M.VELUMANI, J.

At the request of the learned counsel appearing for the petitioner, this case is posted today under the caption "For Being Mentioned".

2. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that in Para 7 of the order of this Court dated 10.04.2017 in CRP PD No.1307 of 2017, O.S.No.116 of 2014 has been wrongly mentioned which is not relevant to this case and hence the same has to be deleted.

3. In view of the above submission made by the learned counsel for the petitioner, in Para 7 of the order of this Court dated 10.04.2017 in CRP PD No.1307 of 2017, O.S.No.116 of 2014 shall be deleted read as follows - 7................................... to dispose of RCOP No.15 of 2016 on merits and in accordance with law, as expeditiously as possible, in any event, not later than 31st August, 2017.

4. Registry is directed to issue fresh order copies after incorporating the above corrections. The other contents of the order of this court dated 10.04.2017 shall remain unaltered.

12.06.2017 rgr Note: Issue order copy by 14.06.2017

V.M.VELUMANI, J.

rgr CRP PD No.1307 of 2017 12.06.2017