V K Vijayan vs P C James

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.69 of 2017 on the file of the Rent Control Court (Munsiff), Thrissur and the judgment debtor in E.P.No.1411 of 2023 in R.C.P.No.69 of 2017 on the file of the Principal Munsiff Court, Thrissur. The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court, Thrissur to issue certified copy of the orders, as sought for in I.A.No.16 of 2024 in R.C.P.No.69 of 2017, as expeditiously as possible. The petitioner has also sought for an order directing the Principal Munsiff Court, Thrissur to stay further proceedings in E.P.No.1411 of 2023 in R.C.P.No.69 of 2017 until certified copies of the orders as sought for in I.A.No.16 of 2024 are issued.

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

The petitioner had earlier approached this Court in O.P.(RC)No.200 of 2023, which was disposed of by Ext.P13 judgment dated 04.12.2023. Paragraph 13 of the said judgment reads thus;

“Having  regard  to  the  facts  and  circumstances  of  the  case, especially the fact that there was no decision on merits in the eviction petition, we deem it appropriate to dispose of the original petition (rent control) directing the Rent Control Court, Thrissur to take up and pass orders on Exts.P6 and P7 applications within two months from the date of receipt of a copy of this judgment. Ordered accordingly. Needless to say, further proceedings in execution, namely E.P.No.1411 of 2023 on the files of the Munsiff Court, Thrissur shall be deferred till the disposal of Exts.P6 and P7 applications.”

Subsequent to Ext.P13 judgment, the Rent Control Court, Thrissur dismissed I.A.Nos.11 & 12 of 2023 in R.C.P.No.69 of 2017 on 23.12.2023. Though the petitioner has already made applications for obtaining certified copy of those orders, he is yet to be issued with copy of those orders.

In such circumstances, this original petition is disposed of by directing the Rent Control Court, Thrissur to issue certified copy of the orders dated 23.12.2023 in I.A.Nos.11 and 12 of 2023 in R.C.P.No.69 of 2017, in case those orders are yet to be issued, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment. Till such time, the Principal Munsiff Court, Thrissur shall keep in abeyance all coercive steps in E.P.No.1411 of 2023 in R.C.P.No.69 of 2017.