IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 4098 of 2017 K. Thangaian .. Petitioner Vs P.J. Umamaheshwari .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, for fixing an early date for disposal of the rent control proceeding filed by the petitioner in RCOP No.31 of 2012 pending on the file of Rent Control Authority, Alandur.
For Petitioner : Mr. R. Balachanderan
O R D E R
This revision is filed seeking to fix an early date, for disposal of the rent control proceeding filed by the petitioner in RCOP No.31 of 2012 pending on the file of Rent Control Authority, Alandur.
2. The learned counsel for the petitioner submitted that the respondent is the tenant in his premises. Since she became a chronic defaulter and failed to pay the rent, the petitioner approached the Rent Control Authority, Alandur, by filing RCOP NO.31 of 2012. According to the petitioner, the trial commenced on 08.04.2014 and thereafter posted for enquiry. Originally, the petition was filed before the Sub Court, Tambaram and subsequently transferred to the Rent Control Authority, Alandur. The enquiry is being adjourned, for one reason or the other, for the past three years and hence the RCOP is not disposed by the trial court. According to the petitioner, the respondent is unnecessarily protracting the proceedings and is not paying the rent from July 2013.
3. Heard the submissions of the learned counsel for the petitioner and perused the records.
4. It is found that the records have been received by the trial court on 16.09.2017 and the case has been posted for cross examination of PW-1. At this stage, this revision has been filed by the landlord of the premises, seeking to grant a direction to the court below to dispose of the aforesaid RCOP within a time frame. As submitted by the learned counsel for the petitioner, the petitioner is aged about 61 years.
5. In view of the above facts and submission, this Court is inclined to direct the Rent Control Authority, Alandur to dispose of the RCOP No.31 of 2012, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
6. The Civil Revision Petition is disposed of, with the above direction. No order as to costs.
10.11.2017 Index : Yes/ No Speaking order/ Non speaking order avr To The Rent Control Authority / Principal District Munsif Court Alandur.
D. KRISHNAKUMAR J., avr
CRP (PD) No. 4098 of 2017
10.11.2017