Madras High CourtCRP(MD)/1902/2024disposed of

A.Peter v. V.C.Govindaraj

2024-08-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.10773 of 2024 A.Peter ... Petitioner / Appellant Vs.

V.C.Govindaraj ... Respondent / Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Rent Tribunal (District Court), Trichy to dispose of the proceedings in RLT.CM.A.No.16 of 2023, within a stipulated time frame as may be prescribed by this Court.

For Petitioner : Mr.G.Aravinthan 1/4

O R D E R

Heard the learned counsel appearing for the revision petitioner. Issuance of notice to the respondent is dispensed with.

2. The respondent herein filed RLT.O.P.No.1 of 2021 before the Rent Controller (District Munsif Court), Musiri. It was allowed on 25.04.2023. The landlord has also filed the execution petition. In the meanwhile, the petitioner filed RLT.CM.A.No.16 of 2023 before the Rent Tribunal (District Munsif Court), Trichy. The appeal was filed on 28.06.2023. Section 38 of the Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 stipulates that the appeal should be disposed of on merits and in accordance with law within a period of 120 days from the date of service of notice of the appeal on the respondent. I am conscious that the District Court, Trichy must be loaded with work and that therefore, it may not be possible for the court below to adhere to the statutory time limit.

However, the petitioner's condition may also be visualized. The execution petition has already been instituted.

3. Calling upon the tribunal to adopt either one of the course of action, the Civil Revision Petition is disposed of. The execution petition has already been filed. In these circumstances, I direct the rent tribunal to dispose of the appeal on merits and in accordance with law within a period of ten weeks from the date of receipt of a copy of this order. Till the appeal is disposed of, the execution petition filed against the petitioner shall remain stayed. No costs. Consequently, connected miscellaneous petition is closed. 13.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Rent Tribunal (District Court), Trichy. 3/4

G.R.SWAMINATHAN, J.

rmi 13.08.2024 4/4