Selayathmery v. Kothandaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.06.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(PD)Nos.1489 & 1506 of 2018 Selayathmery ... Petitioner in both the CRPs Vs.

Kothandaraman ... Respondent in both the CRPs Prayer in both the CRPs: Civil Revision Petitions have been filed under Article 227 of the Constitution of India seeking a direction to the Rent Controller cum District Munsif, Thiruthuraipoondi, to dispose the RCOP Nos.1 & 2 of 2012 respectively, within the stipulated time fixed by this Court.

For Petitioner : P.Sesubalan Raja in both the CRPs For Respondent: Mr.V.Raghupathi in both the CRPs

ORDER

These civil revision petitions have been filed seeking direction of this Court to the Rent Controller-cum-District Munsif for speedy disposal of R.C.O.P.Nos.1 & 2 of 2012.

The petitioner herein initiated rent control proceedings in R.C.O.P.Nos.1 & 2 of 2012 for eviction and fixing of fair rent. The learned counsel for the petitioner would submit that the rent control

proceedings have been initiated in the year 2012, but there is no progress on the same. Hence the petitioner filed interlocutory applications in I.A.Nos.13 & 14 of 2017 before the learned Rent Controller seeking day to day enquiry on the R.C.O.P.Nos.1 & 2 of 2012, as the petitioner herein is aged about 85 years and the same were also allowed by the learned Rent Controller by orders dated 21.08.2017.

The learned counsel for the petitioner further submits that even though, the interlocutory applications seeking day to day enquiry have been allowed by the Rent Controller, there is no progress in the above said two RCOPs. Hence the petitioner has come forward with these revision petitions seeking direction of this Court to the learned Rent Controller to dispose of the rent control proceedings initiated by the petitioner herein.

Heard the learned counsel appearing on either side and perused the materials available on record.

From the records, it is seen that the revision petitioner initiated rent control proceedings in the year 2012 itself and she has

also filed an interlocutory applications before the Rent Controller seeking day to day enquiry. The said interlocutory applications came to be allowed by an orders dated 21.08.2017. But till now there is no progress in R.C.O.P.Nos.1 & 2 of 2012.

No doubt, prolonging and protracting the matter will certainly cause serious prejudice to the parties. Disposal of the case within the reasonable time is principles of natural justice and at any circumstances, it should not be violated. Hence the learned Rent Controller-cum-District Munsif, Thiruthuraipoondi, is directed to dispose of the R.C.O.P.Nos.1 & 2 of 2012 in accordance with law within a period of three months from the date of receipt of a copy of this order.

With the above direction, these civil revision petitions are disposed of. No costs.

06.06.2018 Internet: Yes/No Speaking/Non-Speaking Order cgi To The Rent Controller-cum-District Munsif, Thiruthuraipoondi.

P.VELMURUGAN, J., cgi C.R.P.(PD)Nos.1489 & 1506 of 2018 06.06.2018