Madras High CourtCRP(MD)/2475/2018disposed of

Prabha Chella v. Veluchandar

2018-11-08Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.2475 of 2018 Prabha Chella ... Petitioner/Respondent/Petitioner vs.

Veluchandar ... Respondent/Appellant/Respondent PRAYER: Petition filed under Article 227 of the Constitution of India, seeking a direction the learned Rent Control Appellate Authority (Principal Subordinate Judge), Trichy, for speedy disposal of R.C.A.No.53 of 2017 against the order made in R.C.O.P.No.31 of 2015 dated 02.06.2017 on the file of the learned Rent Control Authority (District Munsif), Trichy.

For Petitioner : Mr.T.Antony Arul Raj *****

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Principal Subordinate Judge, Rent Control Appellate Authority, Trichy, to dispose of RCA.No.53 of 2017, within a stipulated time limit.

2. Learned Counsel for the petitioner would submit that the subject property belongs to the petitioner, where, the respondent is a tenant in the first floor. The petitioner has filed RCOP.No.31 of 2015, seeking eviction, before the learned District Munsif, Trichy, who, in turn, allowed the said RCOP by an order dated 02.06.2017. Thereafter, the petitioner has field E.P.No.173 of 2017, but, in the mean time, the respondent herein has filed RCA.No.53 of 2017. The grievance of the petitioner is that she is 79 years old and because of the pending RCA, the petitioner, being the decree holder, is not able to enjoy the fruits of the decree and therefore, she is before this Court with the aforesaid prayer.

3. Heard the learned Counsel for the petitioner and perused the materials available on record.

Notice to the respondent is dispensed with, since the prayer itself is for a limited scope seeking early disposal of the RCA proceedings.

4. Considering the facts and circumstances of the case and also the limited scope of the prayer sought for, this Court, without going into the merits of the case, directs the learned Principal https://hcservices.ecourts.gov.in/hcservices/

Subordinate Judge, Rent Control Appellate Authority, Trichy, to dispose of RCA.No.53 of 2017, within a period of four months from the date of receipt of a copy of this order.

5. With the above direction, the Civil Revision Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(Co) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Principal Subordinate Judge, Rent Control Appellate Authority, Trichy.

2.The District Munsif, Rent Control Appellate Authority, Trichy.

• 1 CC TO Mr.T.Antony Arul Raj , ADVOCATE IN SR No.94429. • • GK • DS SKN SAR3 29 11 2018 2P 4C C.R.P.(PD)(MD)No.2475 of 2018 08.11.2018 https://hcservices.ecourts.gov.in/hcservices/