Sara Ghias v. Shanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI C.R.P.No. 3295 of 2025s Sara Ghias Through Authorized Agent Salma Fizza ... Petitioner Vs.

Shanmugam ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to direct the Rent Court/learned District Munsif Cum Judicial Magistrate at Sholinganallur to dispose the petition in RLTOP No. 44 of 2024 by following the time limit prescribed in Section 36(6)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of landlords and Tenants, Act, 2017.

C.R.P.No. 3296 of 2025 Sara Ghias Through Authorized Agent Salma Fizza ... Petitioner

Vs.

Senthil Kumar ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to direct the Rent Court/learned District Munsif Cum Judicial Magistrate at Sholinganallur to dispose the petition in RLTOP No. 43 of 2024 by following the time limit prescribed in Section 36(6)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of landlords and Tenants, Act, 2017.

For Petitioner : Mr.R.Rebecca Vasanthini Percy

ORDER

The Civil Revision Petitions have been filed by the landlord, who was moved the Rent Court for eviction in RLTOP.Nos.43 and 44 of 2024 on the file of District Munsif Cum Judicial Magistrate at Sholinganallur.

2. It is brought to my notice that RLTOP.Nos.43 and 44 of 2024 have been filed as early as 20.06.2024 and they came to be numbered only in October 2024. Even, the mandate of the new enactment that requires the Rent Court to dispose of eviction petitions within three months has not been met. The said RLTOP's are currently pending and posted for evidence on the

side of the respondents. In fact, this Court in J.Thennarasu and Others Vs. Anitha Nalliah, reported in 2022 5 CTC 519 has also held that Rent Court has to exercise judicial discretion to even permit the tenant to adduce evidence in RLTOP proceedings.

3. In the light of the abve, this Court is inclined to allow the civil revision petitions and directs the District Munsif Cum Judicial Magistrate , Sholinganallur to dispose of the RLTOP.Nos.43 and 44 of 2024 on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

4. Accoridngly, the Civil Revision Petitions are allowed. No costs. 29.07.2025 Index:Yes/No Speaking Order : Yes/No nr Note:Issue order copy on 31.07.2025.

P.B.BALAJI, J.

nr To The Rent Court/learned District Munsif Cum Judicial Magistrate, Sholinganallur 29.07.2025