Palaniappan, v. Prabhakaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Palaniappan ... Petitioner Vs 1.Prabhakaran Administrative Head of Komugi Vivasaya Sangam, D.No.10/39, 6th Cross Street, Spencer Compound, Near Bus Stand, Dindigul Town.

2.Komugi Vivasaya Sangam, Rep through its Administrative Head, Prabhakaran, S/o, Chinniah, D.No.10/39, 6th Cross Street, Spencer Compound, Near Bus Stand, Dindigul Town ... Respondents 1/6

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif, Dindigul to dispose of RLTOP No.4 of 2022, within the time framed by this Court.

For Petitioner : Mr.P.Samuel Gunasingh

O R D E R

This petition has been filed to direct the learned Principal District Munsif, Dindigul to dispose of RLTOP No.4 of 2022, within the time frame fixed by this Court.

2.The case of the petitioner is that the petitioner is a landlord and the respondents are the tenants through oral contract on 03.04.2021 and fixed a sum of Rs.15,000/- as monthly rent. Since the respondents failed to pay the rent promptly, the petitioner filed R.L.T.O.P.No.4 of 2022 as against the respondents, under Section 21 (1) and (2.A) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and 2/6

Tenants Act, 2017, before the Rent Control Court/Principal District Munsif Court, Dindigul.

3.The learned counsel appearing for the petitioner submits that R.L.T.O.P.No.4 of 2021 was filed on 03.07.2021 and the same has to be decided within a period of 90 days of filing of the application, as per Section 34 (6) (a) of the said Act. The grievance of the petitioner is that the application filed by the petitioner is still kept pending without any progress. Therefore, the petitioner has come up with this present Civil Revision Petition for early disposal of R.L.T.O.P.No.4 of 2022. 4.This Court considered the submissions of the learned counsel for the petitioner and also perused the materials placed on record. Since no adverse order is going to be passed as against the respondent, notice to them is dispensed with. 3/6

5.Admittedly, the petitioner is a landlord and the respondents are the tenants. Since the respondents are not prompt in payment of rent to the petitioner, he filed R.L.T.O.P.No.4 of 2022 as against the respondents, under Section 21 (1) and (2.A) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, before the Rent Control Court/Principal District Munsif Court, Dindigul.

6.As per Section 34 (6) (a), the application has to be decided within a period of 90 days from the date of filing of the application. For better appreciation, the above Section is extracted as under:- Section 34: Jurisdication of Rent Court;- (6)(a) All applications under clauses (a), (b), (c), (e),(f) and (h) of sub section (2) of Section 21 shall be decided within 90 days of filing of application to the Rent Court; 4/6

7. Considering the limited prayer sought for by the petitioner in this Civil Revision Petition and also taking into consideration the provisions under the Act, there shall be a direction to the learned Principal District Munsif, Dindigul to dispose of R.L.T.O.P No.4 of 2022, within a period of six months from the date of receipt of a copy of this order. No costs.

22.08.2022 vrn To The Principal District Munsif, Dindigul 5/6

B.PUGALENDHI, J.

vrn 22.08.2022 6/6