Madras High CourtCRP(MD)/1250/2018disposed of

S. Sahayamary v. Narbath Singh

2018-06-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1250 of 2018 S.Sahayamary ... Petitioner Vs.

Narbath Singh ... Respondent Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India for a direction to the learned Rent Controller, Tiruchirapalli to expedite the hearing in R.C.O.P.No.25 of 2016 and dispose of the same within the time frame fixed by this Court.

For Petitioner : Mr.AL.Kannan

O R D E R

The Civil Revision Petition has been filed for a direction to the Rent Controller, Tiruchirapalli to dispose of the R.C.O.P.No.25 of 2016 within a time frame fixed by this Court.

2. The petitioner / landlord has filed R.C.O.P.No.25 of 2016 before the Rent Controller, Tiruchirapalli, seeking eviction of the respondent / tenant from the petition mentioned property and delivery of possession. The said R.C.O.P. has been filed in the year 2016 and it is pending for more than 2 years without any further progress. Therefore, the petitioner has approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the Rent Controller, Tiruchirapalli to dispose of the R.C.O.P.No.25 of 2016 within a particular period.

3. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

4. The learned counsel appearing for the petitioner would submit that the R.C.O.P.No.25 of 2016 has been filed in the year 2016 and the Rent Controller adjourned the matter simply saying that I.A.No.867 of 2016 is pending.

5. Since the petitioner has sought for only a limited prayer for early disposal of the R.C.O.P., no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. It is an admitted fact that the rent control proceeding is pending https://hcservices.ecourts.gov.in/hcservices/

from 2016 onwards, but the Rent Controller, Tiruchirapalli has not taken any action to dispose of the R.C.O.P. Therefore, I am inclined to pass the following order:

The Rent Controller, Tiruchirapalli is directed to dispose of the R.C.O.P.No.25 of 2016 within a period of three months from the date of receipt of a copy of this order, on day-to-day basis without giving any adjournment to either parties. The parties are also directed to give their fullest co-operation for early disposal of the R.C.O.P. within the time limit fixed by this Court for passing orders.

6. The Civil Revision Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Rent Controller, Tiruchirapalli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (Two Copies) C.R.P.(PD)(MD)No.1250 of 2018 27.06.2018 akv JM/AE/SAR 3/12.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/