IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 24887 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. N.P.CHEMPAKAVALLI @ SUSILA, AGED 74, W/O.S.RAMACHANDRAN PILLAI, CHITHRALAYAM, KACHERI ROAD, PUNALUR, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. DEVIKARANI, AGED 49, D/O.CHEMPAKAVALLI, CHITHRALAYAM, KACHERI ROAD, PUNALUR, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.ADEEP ANWAR RESPONDENT(S): --------------- KAIPPALLIL N.GOPALAKRISHNAN NAIR, AGED 56, PMC-XIII/149, KACHERI ROAD, PUNALUR, PATHANAPURAM TALUK, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24887 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 JUDGMENT Basheer, J. Petitioners in these writ petition filed under Article 227 of the Constitution of India are the landlords of a commercial building that has been let out to the respondent herein on a monthly rental basis. 2. Petitioners have instituted three proceedings against the respondent under the Kerala Buildings (Lease and Rent Control)Act 1965 before the Rent Control Court, Punalur. They are: a) O.P.(BRC) No.4/08 filed under Section 11(2) (b) of the Act seeking eviction on the ground of arrears of rent. b) O.P.(BRC)No.8/08 filed under Section 5(1) of the Act for fixation of fair rent; and c) O.P.(BRC)No.6/2009 seeking eviction under Section 11(3) of the Act on the ground of bonafide need. 3. The grievance of the petitioners that disposal of the above WPC.No.24887/2010 2 three cases is being delayed for no apparent reason. It is pointed out by the learned counsel that an application was filed by the petitioners praying for joint trial of these cases. Several attempts made for expeditious disposal have not fructified so far. It is further submitted by the learned counsel that respondent/tenant has managed to frustrate the petitioners by refusing to pay the rent which has fallen in arrears from September 2003. 4. When this writ petition came up for admission before us, we directed the petitioners to take out notice to the respondent through special messenger. Notice has been served on the respondent; but he has not appeared either in person or through counsel. 5. We have heard learned counsel for the petitioner and perused the materials available on record. Exts.P1 to P3 are copies of the applications in the proceedings which are stated to be pending before the Rent Control Court, Punalur. Having regard to the entire facts and circumstances, the writ petition is disposed of with a direction to the Rent Control Court, Punalur to dispose of Exts.P1 to P3 proceedings after hearing the WPC.No.24887/2010 3 parties, as expeditiously as possible, at any rate within four months from the date of receipt of a copy of this judgment. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. WPC.No.24887/2010 4