Muhammed Rafi vs The District Collector and Others

Pius C. Kuriakose, J.—This writ petition under Article 226 is filed by a landlord seeking a direction to the first respondent District Collector, Kottayam, to dispose of Ext.P7 appeal preferred by him against Ext.P6 order passed by the Accommodation Controller and also to grant stay of Ext.P6, as applied for in Ext.P7(a), till Ext.P7 is finally disposed of. When this writ petition came up for admission, Sri. V.T.K. Mohanan, learned senior Government Pleader, took notice on behalf of the Government and we asked whether Ext.P7 is ripe for hearing and if so when at the earliest the first respondent District Collector will be able to dispose of Ext.P7. Mr. Mohanan submitted that instructions are yet to be received from the District Collector. But, he is agreeable with this Court setting a time frame to the District Collector to dispose of Exts.P7 and P7(a).

Mr. P. Haridas, learned Counsel for the petitioner, submitted that pursuant to Ext.P6 order passed by the Accommodation Controller, electricity supply has been restored to the building which was let out to the 4th respondent. But, according to him, supply is not restored to the building which was let out to the 5th respondent. According to Sri. Haridas, the 5th respondent is not in station. The building let out to him is in the possession of an unauthorised sub lessee. The learned Counsel, therefore, requested that Ext.P6 may be kept in abeyance at least in respect of the building let out to the 5th respondent.

Having regard to the submissions addressed and having gone through the materials placed on record by the petitioner, we feel that the writ petition can be straight away disposed of issuing the following directions;

i). The 1st respondent District Collector is directed to verify whether electricity supply is restored to the building having Door No. CMC No. XXVIII/1997(new) in which a barber shop is presently being conducted. If the verification reveals that supply is not yet restored to that room, as submitted by the petitioner''s Counsel, the first respondent will issue immediate directions to the 2nd respondent to keep Ext. P6 in abeyance for a period of three weeks.

ii) The first respondent will immediately take up Ext.P7(a) and ensure that notice of Ext.P7 is served on the present occupant of the building having door No. CMC XXVII/897 (new) and take a decision on Ext.P7 (a) at the earliest and at any rate within 7 days of notice of Ext.P7(a) being served on the present occupant.

iiii). The first respondent District Collector is also directed to hear the parties and finally dispose of Ext.P7 as soon as service of notice on the same is completed.

Issue Photostat copy of the judgment to the petitioner immediately. The petitioner will be free to serve a copy of this judgment on the Accommodation Controller and also the District Collector.

The Writ Petition is disposed of as above.