Kerala High Court
OP (RC)/95/2025 of P. KRISHNAN KUTTY Vs NEETHU. R. NAIR on 10 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP (RC) NO. 95 OF 2025 THE ORDER DATED 05.03.2025 IN IA NO.2/2024 IN RCA NO.19 OF 2024 OF DISTRICT COURT
2025:KER:31608
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP (RC) NO. 95 OF 2025
THE ORDER DATED 05.03.2025 IN IA NO.2/2024 IN RCA NO.19 OF 2024 OF
DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM
PETITIONER/COUNTER PETITIONER/RESPONDENT:
P. KRISHNAN KUTTY
AGED 81 YEARS
S/O PADMANABHAN, RESIDING AT PRASEENA, PUTHU VEEDU
MELE, PERUKAVU. P.O, VILAVOORKAL VILLAGE, KATTAKKADA
TALUK, THIRUVANANTHAPURAM, PIN - 695573
BY ADVS. SRI.M.R.ANANDAKUTTAN
SMT.M.HEMALATHA
SRI.MAHESH ANANDAKUTTAN
SMT.DONA AUGUSTINE
RESPONDENT/PETITIONER/APPELLANT:
NEETHU. R. NAIR
AGED 31 YEARS
D/O RAVEENDRAN NAIR, RESIDING AT RAJITHALAYAM, PUNNAKULAM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695501
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC)No.95 of 2025
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JUDGMENT
Dated this the 10th day of April, 2025 A.Muhamed Mustaque, J. The landlord has approached this Court, not being satisfied with an order passed by the Rent Control Appellate Authority regarding quantification of the arrears of rent. According to the landlord, a large amount of arrears is due from the tenant. We note that Rent Control Appeal is pending from 2024 onwards. This Court had directed all the Rent Control Courts and Rent Control Appellate Authorities to dispose of rent control matters within three months. In such circumstances, we are of the view that the question regarding the arrears of rent can also be examined by the Rent Control Appellate Authority, if so required, in the appeal itself. Accordingly, we direct the Rent Control Appellate Authority to dispose of the Rent Control Appeal before 30.06.2025. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE MJL
OP(RC)No.95 of 2025
APPENDIX OF OP (RC) 95/2025 PETITIONER'S EXHIBITS: Exhibit-P1 A TRUE COPY OF THE I. A. NO. 3 OF 2023 DATED 22-05-2023 IN O. P. (R.C.P.) NO. 44 OF 2022 BEFORE THE RENT CONTROL COURT, THIRUVANANTHAPURAM
Exhibit-P2 A TRUE COPY OF THE OBJECTION DATED 31-07-2023 Exhibit-P3 A TRUE COPY OF THE ORDER DATED 02-11-2023 IN I. A. 3 OF 2023 IN R.C.P. NO.44 OF 2022 OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM Exhibit-P4 A TRUE COPY OF THE APPEAL MEMORANDUM IN R.C.A. NO. 19 OF 2024 DATED 20-11-2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM Exhibit-P5 A TRUE COPY OF THE STAY PETITION IN I. A. NO. 2 OF 2024 IN R.C.A. NO. 19 OF 2024 DATED 20-11-2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM Exhibit-P6 A TRUE COPY OF THE OBJECTION TO I. A. NO. 2 OF 2024 IN R.C.A. NO. 19 OF 2024 DATED 20-11-2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM Exhibit-P7 A TRUE COPY OF THE ORDER DATED 05-03-2025 IN I. A. NO.2 OF 2024 IN R.C.A. NO. 19 OF 2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM