In Abdul Razak P.M v. K.C. Thomas & Ors.

Heard the learned counsel for the petitioners-landlords. Considering the nature of relief proposed to be granted, service of notice on the respondent-tenant is dispensed with.

3. The Rent Control Petition filed under Sections 11(2)(b) and 11(3) of the Act is of the year 2023. At this point of time, this Court in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India, will not be justified in directing a time- bound consideration of that Rent Control Petition. An application under Section 12 of the Act, i.e., I.A.No.5 of 2023, filed by the landlord is pending consideration.

4. In this original petition, the petitioner-landlord is seeking time-bound consideration of I.A.No.5 of 2023 R.C.P.No.11 of 2023, which is one filed before the Rent Control Court, invoking the provisions under Section 12 of the Act.

5. In Abdul Razak P.M. v. K.C. Thomas and others [2022 (4) KHC 260] a Division Bench of this Court, in which one among us [Anil K. Narendra, J] was a party, issued directions regarding time-bound disposal of the applications filed under Section 12 of the Act, in pending Rent Control Petitions/Rent Control Appeals and the appeals filed under Section 18(1)(b) of the Act, against an order passed by the Rent Control Court under O.P.(RC)No.37 of 2024 5 Section 12(3) of the Act. Paragraph 35 of that decision reads thus: “35. Considering the object of the provisions of Section 12 of the Act, in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India, we direct all Rent Control Appellate Authorities in the State to ensure time bound disposal of the appeals filed under Section 18(1)(b) of the Act, against an order passed by the Rent Control Court under Section 12(3) of the Act. Similarly, we direct all Rent Control Courts/Appellate Authorities in the State to ensure time bound disposal of the applications filed under Section 12 of the Act, in pending Rent Control Petitions/Rent Control Appeals.”

6. In Suhail K.M. v. Peter Shyju [2023 (2) KHC 536] a Division Bench of this Court, in which one among us [Anil K. Narendra, J] was a party, held that in case there is any delay in disposal of an application filed under Section 12 of the Act, the landlord can approach the Rent Control Court with an application for time bound disposal of that application, in view of the direction contained in Abdul Razak P.M. [2022 (4) KHC 260] instead of rushing to this Court in an original petition filed under Article 227 of the Constitution of India, invoking the supervisory jurisdiction. In that case, the landlords filed application under Section 12 of the Act before the Rent Control Court on 03.03.2023 and the original petition before this Court was filed on 08.03.2023.

7. In the instant case, the petitioner-landlord filed I.A.No.5 O.P.(RC)No.37 of 2024 6 of 2023 before the Rent Control Court on 19.09.2023, in which the respondent-tenant filed counter statement on 30.09.2023. The landlord has not chosen to file an application for time bound consideration of I.A.No.5 of 2023 in terms of the directions contained in the decision of this Court in Abdul Razak P.M. [2022 (4) KHC 260].

8. It is for the petitioner-landlord to file an application before the Rent Control Court, for time-bound consideration of I.A.No.5 of 2023, in view of the general direction issued by this Court in Abdul Razak P.M. [2022 (4) KHC 260]. In such circumstances, this original petition is disposed of by directing the Rent Control Court (Munsiff-II), Kozhikode to consider and pass appropriate orders on the application to be filed by the landlord seeking time-bound consideration of I.A.No.5 of 2023 filed under Section 12 of the Act, as expeditiously as possible, at any rate, within a period of two weeks from the date of production of a certified copy of this judgment. ANIL K. NARENDRAN, JUDGE Sd/- Sd/- G. GIRISH, JUDGE MIN O.P.(RC)No.37 of 2024 7 APPENDIX OF OP (RC) 37/2024 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 TRUE COPY OF THE RENT CONTROL PETITION R.C.P. NO.11/2023 DATED 30.01.2023, ON THE FILE OF THE RENT CONTROLLER (MUNSIFF COURT) II, KOZHIKODE TRUE COPY OF THE COUNTER STATEMENT DATED 18.08.2023 IN R.C.P. NO.11 OF 2023 TRUE COPY OF THE APPLICATION I.A. NO.5/2023 IN R.C.P. NO.11/2023 DATED 19.09.2023 TRUE COPY OF THE COUNTER STATEMENT DATED 30.09.2023 IN I.A. NO.5/2023 IN R.C.P. NO.11/2023