Madras High CourtCRP(MD)/1688/2018disposed of

Rukmanidevi v. N.S.Kutralam

2018-08-03Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1688 of 2018 1.Rukmanidevi 2.Rathamani

...Petitioners/Petitioners/

Landlords Vs.

N.S.Kutralam

...Respondent/Respondent/

Tenant Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Rent Control Authority-cumPrincipal District Munsif Court, Sankarankovil, to dispose the Rent Control Original Petition No.4 of 2009 within the time frame as stipulated by this Court.

For Petitioners : Mr.V.Perumal

O R D E R

This Civil Revision Petition is filed for a direction to the Rent Control Authority-cum-Principal District Munsif Court, Sankarankovil, to dispose the Rent Control Original Petition No.4 of 2009 within the time frame as fixed by this Court. 2.The petitioners have filed a petition in R.C.O.P.No.4 of 2009 before the Rent Control Authority-cum-Principal District Munsif Court, Sankarankovil, for eviction against the respondent. The said RCOP has been filed in the year 2009 and the same is pending for more than 8 years without any further proceedings. Therefore, the petitioners have approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the Rent Control Authority-cumPrincipal District Munsif Court, Sankarankovil, to dispose of the petition in R.C.O.P.No.4 of 2009, within a particular period.

3. Heard the learned counsel for the petitioners and perused the materials placed before this Court. 4.The petition in RCOP.No.4 of 2009 has been filed in the year 2009 and for more than eight years, it was continuously adjourned. It is seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned for issuing fresh summon to the new address of the witness.

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5. Since the petitioners have sought for a limited prayer for early disposal of the RCOP, no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. It is an admitted fact that the RCOP is pending from 2009 onwards, but, the Rent Control Authority-cum-Principal District Munsif Court, Sankarankovil, has not taken any action to dispose of the RCOP, which is pending for more than eight years. Therefore, I am inclined to pass the following order: The Rent Control Authority-cum-Principal District Munsif Court, Sankarankovil, is directed to dispose of the RCOP No.4 of 2009 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 RCOP, within the time limit fixed by this Court for passing orders. The the Rent Control Authority-cum-Principal District Munsif Court, Sankarankovil, is directed to file a compliance report before this Court within a period of ten days after passing orders in the RCOP No.4 of 2009.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-I) To The Rent Control Authority- cum-Principal District Munsif, Sankarankovil.

+1cc to Mr.V.Perumal, Advocate Sr.No.77116 NS VB/KAK/SAR1/03.09.2018/2P/3C C.R.P.(PD)(MD)No.1688 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/