IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24887 of 2010(I)
1. N.P.CHEMPAKAVALLI @ SUSILA,
... Petitioner
2. DEVIKARANI, AGED 49,
Vs
1. KAIPPALLIL N.GOPALAKRISHNAN NAIR,
... Respondent
For Petitioner :SRI.ADEEP ANWAR
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :17/08/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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W.P.(C)No.24887 of 2010
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Dated this the 17th day of August, 2010
JUDGMENT
Basheer, J.
Petitioners in these writ petition filed under Article 227 of the
Constitution of India are the landlords of a commercial building that
has been let out to the respondent herein on a monthly rental basis.
2. Petitioners have instituted three proceedings against the
respondent under the Kerala Buildings (Lease and Rent Control)Act
1965 before the Rent Control Court, Punalur. They are:
a) O.P.(BRC) No.4/08 filed under Section 11(2)
(b) of the Act seeking eviction on the ground of arrears of
rent.
b) O.P.(BRC)No.8/08 filed under Section 5(1) of
the Act for fixation of fair rent; and
c) O.P.(BRC)No.6/2009 seeking eviction under
Section 11(3) of the Act on the ground of bonafide need.
3. The grievance of the petitioners that disposal of the above
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three cases is being delayed for no apparent reason. It is pointed out by
the learned counsel that an application was filed by the petitioners
praying for joint trial of these cases. Several attempts made for
expeditious disposal have not fructified so far. It is further submitted
by the learned counsel that respondent/tenant has managed to frustrate
the petitioners by refusing to pay the rent which has fallen in arrears
from September 2003.
4. When this writ petition came up for admission before us,
we directed the petitioners to take out notice to the respondent through
special messenger. Notice has been served on the respondent; but he
has not appeared either in person or through counsel.
5. We have heard learned counsel for the petitioner and
perused the materials available on record. Exts.P1 to P3 are copies of
the applications in the proceedings which are stated to be pending
before the Rent Control Court, Punalur.
Having regard to the entire facts and circumstances, the writ
petition is disposed of with a direction to the Rent Control Court,
Punalur to dispose of Exts.P1 to P3 proceedings after hearing the
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parties, as expeditiously as possible, at any rate within four months
from the date of receipt of a copy of this judgment.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
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