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Madras High CourtCRP(MD)/1770/2023disposed of

V. Meena, v. S.Balasubramanian

2023-07-25Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI V.Meena ... Petitioner in C.R.P.(MD) No.1770/23 S.R.V.Surendran ... Petitioner in C.R.P.(MD) No.1771/23 Vs.

S.Balasubramanian ... Respondent in both C.R.Ps.

Common Prayer:- These Civil Revision Petitions filed under Article 227 of the Constitution of India, to pass an order of speedy disposal of R.L.T.O.P.Nos.19 & 21 of 2023 pending on the file of the Rent Control Court (District Munsif Court, Madurai Town), Madurai, within the time stipulated by this Court. For Petitioner in both C.R.Ps.

: Mr.Babu Rajendran ***** C O M M O N O R D E R By this common order, both these Civil Revision Petitions are being disposed of.

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2. These Civil Revision Petitions have been filed by the petitioners for speedy disposal of R.L.T.O.P.Nos.19 & 21 of 2023 pending on the file of the Rent Control Court (District Munsif Court, Madurai Town), Madurai. Since these Civil Revision Petitions filed by the petitioners are only for speedy disposal of R.L.T.O.Ps., the notice for the respondent is not required and is therefore dispensed with.

3. According to the petitioners, they are senior citizens aged about 70 and 81 years respectively and filed the above R.L.T.O.Ps. for recovery of arrears of rent of Rs.10,50,000/- and Rs.5,25,000/- respectively, from January 2021 to January 2023, for a period of 25 Months and for eviction of the respondent from the schedule mentioned premises, for own occupation.

4. It is submitted that even though the respondent entered appearance and sought time for filing counter affidavit, the respondent is dragging on the proceedings by not filing the counter affidavit.

5. The learned counsel appearing for the petitioners would submit that under Section 36(6)(a) and (b) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, the learned Trial Court Page No. 2 of 4

Jude ought to have disposed of the above R.L.T.O.Ps. within a period of 30 days from the date of filing of the petitions. However, the learned Trial Court Judge is adjourning the matter without any valid reasons. Therefore, the petitioners were constrained to file the above Civil Revision Petitions for early disposal of R.L.T.O.Ps.

6. Considering the facts and circumstances of the cases, the Rent Control Court (District Munsif Court, Madurai Town), Madurai is directed to dispose R.L.T.O.P.Nos.19 & 21 of 2023 filed by the respective petitioners on merits, without any further delay, by affording sufficient opportunities to the respective parties to put forth their contentions, expeditiously, within a period of 4 months from the date of receipt of a copy of this order.

7. Accordingly, both these Civil Revision Petitions are disposed of. No cost.

25.07.2023 Internet : Yes/No Index : Yes/No NCC : Yes/No jen Issue order copy on 26.07.2023 Page No. 3 of 4

K.GOVINDARAJAN THILAKAVADI, J.

jen To The Judge, Rent Control Court (District Munsif Court, Madurai Town), Madurai.

25.07.2023 Page No. 4 of 4