Sheeba Madhu v. Suresh

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 OP (RC).No. 42 of 2015 (O) --------------------------- AGAINST RCP 67/2012 of RENT CONTROL COURT, KOLLAM PETITIONER(S):

-------------------------- SHEEBA MADHU AGED 50 YEARS W/O.MADHUSUDHANAN, CHODI, S.V.NAGAR 109, PULIYATHUMUKKU, AYATHIL P.O., KOLLAM DISTRICT.

BY ADVS.SRI.C.A.NAVAS SRI.T.K.SASIKUMAR SRI.P.A.SHAJI SAMAD SRI.C.J.SOLOMAN SMT.E.G.AMBILY RESPONDENT(S):

---------------------------- SURESH, AGED 37 YEARS S/O.RAGHAVAN, HOUSE NO.33, KC NO.XVIII/131 M.G.STREET, A.V.R. NAGAR, THAMARAKKULAM KOLLAM DISTRICT.

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 24-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (RC).No. 42 of 2015 (O) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: PHOTOSTAT COPY OF SALE DEED NO.3143/02 OF SRO KOLLAM. EXHIBIT-P2: PHOTOSTAT COPY OF THE TAX RECEIPT NO.276055 DATED 22.01.2014. EXHIBIT-P3: PHOTOSTAT COPY OF THE OWNERSHIP CERTIFICATE NO.R5 13273/11 DATED 25.04.2011.

EXHIBIT-P4: PHOTOSTAT COPY OF THE PROVISIONAL INVOICE CARD NO.NIL DATED NIL.

EXHIBIT-P5: PHOTOSTAT COPY OF THE LAWYER NOTICE DATED 22.09.2012. EXHIBIT-P6: PHOTOSTAT COPY OF THE ACKOWLEDGMENT CARD DATED 24.09.2012. EXHIBIT-P7: PHOTOSTAT COPY OF THE RENT CONTROL PETITION RCP NO.67/2012 DATED 19.11.2012 FILED BEFORE THE HONOURABLE RENT CONTROL COURT, KOLLAM.

EXHIBIT-P8: THE PHOTOSTAT COPY OF THE WRITTEN OBJECTION RCP NO.67/2012 DATED 18.10.2013 FILED BEFORE THE HONOURABLE RENT CONTROL COURT, KOLLAM.

EXHIBIT-P9: THE PHOTOSTAT COPY OF THE COURT PROCEEDINGS IN RCP NO.67/2012 PENDING BEFORE THE HONOURABLE RENT CONTROL COURT, KOLLAM. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //True Copy// PA TO JUDGE Rp

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

=============================== OP (RC) No. 42 of 2015 ================= Dated this the 24th day of March, 2015

J U D G M E N T

Antony Dominic, J.

The petitioner has filed RCP No.67/12 on the file of the Rent Control Court, Kollam. Her grievance is regarding the inordinate delay in the disposal of the said petition. According to the petitioner, despite all efforts made, so far, there has not been any progress in the disposal of the case and therefore, she has filed this OP. 2.

On the filing of this OP, this Court by order dated 17/3/15 called for a report from the Rent Control Court, Kollam and accordingly Rent Control Court has submitted its report dated 20/3/15, which is extracted below;

"OP(BRC) No.67/12 on the files of this Court is filed U/s.11(2) (b) of the Kerala Building (Lease and Rent Control) Act, 1965. I heard the petition in part regarding the question of landlord-tenant relationship. The petition has been posted for hearing today and the petition further stands posted for hearing to 28/3/15. I may further inform that the petition may be disposed of on or before 30/3/2015."

OP(RC) No.42/15 : 2 :

The above report is recorded and the OP is disposed of directing that the Rent Control Court will pass orders on RCP No.67/12 as mentioned in the report.

Sd/- ANTONY DOMINIC JUDGE Sd/- ALEXANDER THOMAS JUDGE Rp //True Copy// PA to Judge