Taking note of the mistake of the Bench clerk in updating the e-Courts website regarding the posting of the case, the Kerala High Court has asked the Rent Control Appellate Authority to consider an evicted tenant’s restoration application.

The Original Petition before the High Court was filed by the tenant, who had already been evicted through the execution proceedings.

The Division Bench of Justice A. Muhamed Mustaque and Justice Johnson John observed, “The report indicates that there was a mistake on the part of the bench clerk in updating the website.”

“In the light of the report as above, we are of the view that the dismissal of the restoration application has to be set aside, and it is restored”, it ordered.

Advocate S. Mohammed Al Rafi represented the Petitioner, while Advocate Rahul Krishnan U.S. represented the Respondent.

Factual Background

The rent control appeal filed by the petitioner had been dismissed for default. Thereafter, an application for restoration had been filed, and the same had also been dismissed for default. It was brought to the Court’s notice that the restoration petition had been dismissed, as there was no updation on the e-Courts website regarding the posting of the case.

Reasoning

The Bench referred to an earlier order wherein it was mentioned that on many occasions, the petitioner's counsel was absent, allegedly due to the lack of updation on the e-Courts website regarding the posting of the case. The Registry was directed to call for remarks from the Rent Control Appellate Authority regarding the allegation of non-updation of the e-Courts website.

The Bench took note of the report, which indicated that there was a mistake on the part of the bench clerk in updating the website. It was mentioned in the Report that the interlocutory application for restoration of RCA was updated in the Case Information System Software, but the staff in charge of Bench Clerk omitted updating it on the Case Information System Software due to oversight. Thus, the Bench set aside the dismissal of the restoration application.

“The Rent Control Appellate Authority shall consider the restoration application on its merits after hearing both sides”, the Bench held while asking both parties to appear before the Rent Control Appellate Authority. “The execution proceedings shall be kept on hold till the conclusion of the proceedings before the Rent Control Appellate Authority”, it concluded.

Cause Title: Suresh v. Sree Narayana Smaraka Samathi Trust (Neutral Citation: 2025:KER:42879)

Appearance

Petitioner: Advocates S.Mohammed Al Rafi, Thajuna Maria Francis

Respondent: Advocates Rahul Krishnan U.S., Kiran Krishna, Siddique Sulaiman

Click here to read/download Order


Kerala High CourtJustice A. Muhamed MustaqueJustice Johnson John

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.