M/S. Hotel Pentagon Inn v. M/S. Marina Inn

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM 1.M/s.Hotel Pentagon Innm Rep.by its Patner Mrs.M.s.Vasundra, Having Office at No.27/1, Jawaharlal Nehru Road, Koyambedu, Chennai-600 107.

2.Mrs.M.S.Vasundra 3.Mr.T.Kishore Mr.C.S.Thirulokachandran (died) ...

Petitioners Vs 1.M/s.Marina Inn 2.Mr.E.Sivakumar 3.Mr.John Peter ...

Respondents 1/5

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to pass an order directing the Hon'ble XIV Court of Small Causes at Chennai to pass orders in RLTOP No.355 of 2020 within a reasonable time.

For Petitioners :

Mr.M.Ramamoorthi

ORDER

The civil revision petition is filed for speedy disposal of RLTOP No.355 of 2020. The petitioner is the landlord who let out the premises to the respondent for a period of 3 years. On account of the default in payment of rent, the landlord, by invoking the terms of the lease, cancelled the lease agreement and thereafter filed RLTOP 335 of 2020 for eviction. 2.The learned counsel for the petitioner states that the RLTOP is pending for the past about 2 years and the Chennai Metropolitan Development Authority issued a notice to discontinue unauthorised development in respect of the rented-out premises, and therefore, the petitioner has to take necessary action in this regard. The learned counsel for 2/5

the petitioner further made a submission that on account of the death of the partners/4th applicant, and due to filing of the miscellaneous petition, the RLTOP is kept pending for a longer period and thus, the petitioner is constrained to move the present civil revision petition. 3.Section 36 (6) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, describes the time limit for the disposal of the rent control proceedings by the Rent Court and the Rent Tribunal. In the present case, the RLTOP is pending for the past about 2 years and therefore, the Rent Court is bound to consider the time limit contemplated under the Act and dispose of the proceedings as expeditiously as possible.

4.This Court has repeatedly held that the Court itself is empowered to regulate its own proceeding on board and should ensure consistent and speedy disposal of the rent control proceedings, keeping in mind the object of the new act, namely Tamil Nadu Act 42 of 2017. Thus, the Rent Court 3/5

has to consider the statutory time limit fixed under the Tamil Nadu Act 42 of 2017 and dispose of the cases of the petitioner as expeditiously as possible. 7.Accordingly, the Civil Revision Petition stands disposed of. However, there shall be no order as to costs. sha 23.01.2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

Copy to:

XIV Court of Small Causes, Chennai.

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S.M.SUBRAMANIAM, J.

sha 23.01.2023 5/5