Chandramathy, vs the Tahsildar and Accomodation Controller,

Chandramathy, vs The Tahsildar and Accomodation Controller,

Type Court Judgment Court Kerala Decided Jan 31, 2020

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https://sooperkanoon.com/case/1737748

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Citation: sooperkanoon.com/1737748
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jan 31, 2020
Case Number: WP(C)/2819/2020

Parties & Advocates

Appellant / Petitioner

Chandramathy,

Respondent

The Tahsildar and Accomodation Controller,

Excerpt

.....granted at an ex-parte stage without notice to the petitioners and that the objections raised by the petitioners as against the same is liable to be considered and appropriate orders to be passed thereon, in accordance with law.2. the learned government pleader submits thatsince exts.p6 and p7 objections have been preferred by the petitioners, the same will be taken note of and disposed of with notice to the parties. there will, accordingly, be a direction to the 1 st respondent to take up exts.p6 and p7 objections preferred by the petitioners to ext.p5 order and to pass appropriate orders thereon, with notice to the petitioners as well as the 2nd respondent. orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. this writ petition is ordered accordingly. sd/- anu sivaraman judge bng/01.02.2020 appendix petitioner's exhibits: exhibit p1 a true copy of the rent agreement between the 1st petitioner and 2nd exhibit p2 a true copy of o.s.no.130 of 2019 filed on 06/04/2019 before the munsiff court, punalur. exhibit p3 a true copy of o.s.no.162 of 2019 filed on 26/04/2019 before the munsiff court, punalur (vacation district court, kollam). exhibit p4 a true copy of the r.c.(op) no.5 of 2019 filed before the rent control court, punalur on 04/09/2019. exhibit p5 a true copy of the order no.g1-8065/19 dated 25/10/2019 issued by 1st exhibit p6 a true copy of the objection submitted by petitioners on 05/11/2019 before 1st exhibit p7 a true copy of the objection submitted by petitioners on 15/11/2019 before 1st exhibit p8 a true copy of the petition filed by the petitioners before the 1st respondent on 23/01/2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941 PETITIONERS: 1 CHANDRAMATHY, AGED 87 YEARS W/O.LATE N.RAMAKRISHNAN VAIDYAN, SREERAMAM, THZHAMEL, ANCHAL P.O., ANCHAL VILLAGE, PUNALUR TALUK, KOLLAM - 691 306. 2 RAMACHANDRAN THAMPY, AGED 57 YEARS S/O.LATE N.RAMAKRISHNAN VAIDYAN,SREERAMAM,THAZHAMEL,ANCHAL P.O., ANCHAL VILLAGE, PUNALUR TALUK,KOLLAM - 691 306. BY ADVS. SMT.SREEDEVI KYLASANATH SRI.ACHUTH KYLAS SRI.R.MAHESH MENON SRI.DEAGO JOHN K SHRI.AMAL DEV C.V. RESPONDENTS: 1 THE TAHSILDAR AND ACCOMMODATION CONTROLLER, PUNALUR TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION, KOLLAM TENKASI ROAD, PANAMKUTTYMALA, PUNALUR, KERALA - 691 305.
2 DILEEP KUMAR, AGED ABOUT 45 YEARS, S/O.PRABAKARAN, KEZKADATHU VEEDU, PALAMUKKU, EDAMULAKKAL MURI, EDAMULAKKAL VILLAGE, RESIDING AT MAHAZ, NEAR ANCHAL GOVT.H.S.S., THAZHMEL MURI, ANCHAL VILLAGE, KOLLAM - 691 306. GP. SMT. PRINCY XAVIER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners have approached this Court challenging Ext.P5 order and seeking consideration of the objections raised against the same. The learned counsel for the petitioners submits that Ext.P5 interim order had been granted at an ex-parte stage without notice to the petitioners and that the objections raised by the petitioners as against the same is liable to be considered and appropriate orders to be passed thereon, in accordance with law.

2. The learned Government Pleader submits that

since Exts.P6 and P7 objections have been preferred by the petitioners, the same will be taken note of and disposed of with notice to the parties. There will, accordingly, be a direction to the 1 st respondent to take up Exts.P6 and P7 objections preferred by the petitioners to Ext.P5 order and to pass appropriate orders thereon, with notice to the petitioners as well as the 2nd respondent. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE Bng/01.02.2020 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE RENT AGREEMENT BETWEEN THE 1ST PETITIONER AND 2ND EXHIBIT P2 A TRUE COPY OF O.S.NO.130 OF 2019 FILED ON 06/04/2019 BEFORE THE MUNSIFF COURT, PUNALUR. EXHIBIT P3 A TRUE COPY OF O.S.NO.162 OF 2019 FILED ON 26/04/2019 BEFORE THE MUNSIFF COURT, PUNALUR (VACATION DISTRICT COURT, KOLLAM). EXHIBIT P4 A TRUE COPY OF THE R.C.(OP) NO.5 OF 2019 FILED BEFORE THE RENT CONTROL COURT, PUNALUR ON 04/09/2019. EXHIBIT P5 A TRUE COPY OF THE ORDER NO.G1-8065/19 DATED 25/10/2019 ISSUED BY 1ST EXHIBIT P6 A TRUE COPY OF THE OBJECTION SUBMITTED BY PETITIONERS ON 05/11/2019 BEFORE 1ST EXHIBIT P7 A TRUE COPY OF THE OBJECTION SUBMITTED BY PETITIONERS ON 15/11/2019 BEFORE 1ST EXHIBIT P8 A TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ON 23/01/2020.

Same Court & Year Kerala · 2020 Same Parties Chandramathy, vs The Tahsildar and Accomodation Controller, Same Judge Honourable Mrs. Justice Anu Sivaraman