Sabastiamma v. K.A.Joseph

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P (PD) No.1418 of 2017 1.Mrs.Sabastiamma 2.Mr.S.Amuthan 3.Mrs. Mariya Susaliya ... Petitioners Vs.

K.A.Joseph ... Respondent Prayer: Revision filed under Section 227 of the Constitution of India to direct the learned Rent Controller of Gudalur, The Nilgiris to dispose of R.C.O.P.No.13 of 2016 within the time frame.

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

ORDER

The Civil Revision Petition has been filed to direct the learned Rent Controller of Gudalur, The Nilgiris to dispose of R.C.O.P.No.13 of 2016.

2.The petitioners are the absolute owners of a shop bearing Door No.12/773F of Gudaur Municipality, which is the scheduled mentioned property. The respondent is a tenant under lease agreement dated 17.04.2013 with the second and third petitioners, wherein the rent was fixed as Rs.1,750/- per month, which is payable on or before 5th day of every English Calender month and the respondent paid a sum of Rs.75,000/- as advance. 3.The learned counsel for the petitioners submitted that though the respondent promised to vacate the demised premises and agreed to hand over the vacant possession on 01.01.2014, he refused to do the same and willfully committed default in paying the rent from 01.01.2014 till date. Therefore, the petitioners filed a petition in R.C.O.P.No.13 of 2016 on the file of the learned Rent Controller, Gudalur, the Nilgiris. The respondent has not filed counter in the said RCOP. However, the learned Judge, has periodically adjourned R.C.O.P.No.14 of 2016, on https://hcservices.ecourts.gov.in/hcservices/

several occasions for filing counter. Since the said R.C.O.P. is pending without any progress, the petitioners have come with the present Civil Revision Petition.

4.Considering the submissions made by the learned counsel for the petitioners, without expressing any opinion on the merits of the case, this Court directs the learned Rent Controller, Gudalur, The Nilgiris to dispose of R.C.O.P.No.13 of 2016, as expeditiously as possible, in any event, not later than 30th September, 2017.

5. Accordingly, the Civil Revision Petition is allowed. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kal To The Rent Controller, Gudalur, The Nilgiris.

+1cc to Mr.M.A.R.Pragash, Advocate Sr. 22952 C.R.P (PD) No.1418 of 2017 NM(CO) VR(05/06/2017) https://hcservices.ecourts.gov.in/hcservices/