M.Vadivelu v. M.Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH C.R.P(PD) No.4082 of 2018 and CMP.No.22569 of 2018 M.Vadivelu ..Petitioner Vs 1.M.Palanisamy 2.Gowri Palanisamy 3.Dharani 4.D.Rangaraj ..Respondents Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order dated 14.11.2018 in unnumbered E.A.SR10154/2018 in E.P.R.No.21 of 2018 in R.C.O.P.No.15 of 2010 passed by the learned Rent Controller-Cum-Principal District Munsiff, Erode. For Petitioner :Mr.S.Ramesh

ORDER

The prayer sought for in the present petition is to set aside the order dated 14.11.2018 in unnumbered E.A.SR10154/2018 in E.P.R.No.21 of 2018 in R.C.O.P.No.15 of 2010 passed by the learned Rent Controller-CumPrincipal District Munsiff, Erode.

2. The question as to whether the co-owner can be a necessary party in the Rent Control proceedings or not can be determined after the application is duly numbered and taken on file and not before that. There is no provision empowering the Registry of the Rent Controller to reject the application without numbering the same. Though certain reasons have been adduced for rejecting the application, I do not wish to go into the same, since the application is yet to be taken on file. Hence the order dated 14.11.2018 in the unnumbered E.A.S.R.No.10154 of 2018 is set aside. Consequently, the learned Rent Controller is called upon to instruct his Registry to number the application in E.A.S.R.10154 of 2018, if it is otherwise in order, within a period of one week and pass appropriate orders after conducting due enquiry as expeditiously as possible. 3.Hence, Civil Revision Petition is disposed of accordingly. Consequently connected miscellaneous petition is closed. No Costs. 17.12.2018 Index : Yes/No Internet : Yes/No vsn/dh To The learned Rent ControllerCum-Principal District Munsiff, Erode.

M.S. RAMESH.J., vsn/dh C.R.P(PD) No.4082 of 2018 and CMP.No.22569 of 2018 17.12.2018