Madras High CourtCRP(MD)/2440/2017disposed of

D.Santhanakrishnan, v. Rama.Chandrasekaran,

2017-12-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM

THE HON'BLE MR.JUSTICE J.NISHA BANU C.R.P.(MD) No.2440 of 2017 D.Santhanakrishnan ... Petitioner/2nd Petitioner/2nd Petitioner -Vs1.Rama. Chandrasekaran

2. C.Arun 3.C.Vijay 4.C.Priya Visu ... Respondents/Respondents/Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Rent Controller-cum-District Munsif, Thanjavur to dispose of the I.A.No.22 of 2017 in R.C.O.P.No.2 of 2014 on the file of Rent Controller-cum-District Munsif, Thanjavur expeditiously within a time stipulated by this Court.

For Petitioner :

Mr.M.P.Senthil

O R D E R

This Civil Revision Petition has been filed seeking a direction to the Rent Controller-cum-District Munsif, Thanjavur to dispose of I.A.No.22 of 2017 in R.C.O.P.No.2 of 2014 on the file of Rent Controller-cum-District Munsif, Thanjavur expeditiously within a time stipulated by this Court. 2.The learned counsel for the petitioner would aver among other things that R.C.O.P.No.2 of 2014 has been filed for eviction on the ground of willful default. In the above R.C.O.P., the petitioner filed counter. Thereafter, the petitioner has filed an Interlocutory Application in I.A.No.22 of 2017 seeking a direction to the respondents to deposit the arrears of rent of Rs.5,19,520/- under Section 11(4) of Rent Control Act. In the said Interlocutory Application, the respondents took time for filing counter on 27.03.2017, 21.04.2017, 06.07.2017, 11.08.2017 and 15.09.2017. Finally, the respondent has filed his counter on 07.10.2017 and subsequently, the Interlocutory Application was posted on 26.11.2017 for enquiry.

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3. The learned counsel for the petitioner submits that

R.C.O.P is pending from the year 2014 and the respondents have not paid any rent and if this Court grants stipulated time to dispose of the Interlocutory Application, the petitioner will get the rent arrears of huge amount and therefore, he has come forward with this Civil Revision Petition for early disposal of the Interlocutory Application.

3. Since this Civil Revision Petition is filed for early disposal of the Interlocutory Application, no notice is necessary to the respondents herein.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. Considering the facts and circumstances of the case and considering the fact that the Interlocutory Application was filed for getting the huge amount of arrears of rent, this Court feels that ends of justice would be met by directing the Court below to dispose of the Interlocutory Application within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Rent Controller-cum-District Munsif, Thanjavur, to dispose the Interlocutory Application in I.A.No.22 of 2017 in R.C.O.P.No.2 of 2014 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To, The Rent Controller-cum-District Munsif, Thanjavur. + 1 cc TO Mr.M.P.Senthil , Advocate in SR No. 93251 CM AE/SV MMS/SAR1/08.01.2018/2P/3C C.R.P.(MD) No.2440 of 2017 15.12.2017 https://hcservices.ecourts.gov.in/hcservices/