Partly allowed

Ani Abraham Koshy v. State of Kerala

Kerala HC8 Nov 2019WP(C)/14554/2019

Case brief

AI extract

What is this about?

The High Court of Kerala held that the Real Estate Regulatory Authority failed to act on a complaint filed by the petitioners. The Court directed RERA to take up the complaint, afford the petitioners an opportunity of hearing, and dispose of it within two months.

What did the court decide?

Direction to the Third Respondent (RERA) to take up Ext.P4 complaint, afford petitioners an opportunity of hearing, and dispose of the same within two months.

Ani Abraham Koshy Vs State of Kerala — Writ and Judicial Review | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941

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WP(C).No.14554 OF 2019(T)

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PETITIONERS:

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1 ANI ABRAHAM KOSHY AGED 36 YEARS S/O.KOSHY, PULIVARATHIL HOUSE, CHENNEERKKARA.P.O., PATHANAMTHITTA-689503.

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2 BETSY MATHEW AGED 32 YEARS W/O.MATHEW ZACHARIA, GOLDEN ENCLAVE, FLAT NO.3F, KANJIKUZHI, MUTTAMBALAM, KOTTAYAM-686004.

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3 JACOB GEORGE AGED 52 YEARS

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S/O.A.K.GEORGE, ALUMMOOTTIL HOUSE, TP PURAM POST, VAZHOOR, KOTTAYAM DISTRICT, PIN-686504.

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4 PRINCE MATHEW AGED 49 YEARS S/O.O.V.MATHEW, PUTHENPEEDIKAYIL, MOOLAVATTOM.P.O., KOTTAYAM-686026.

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5 RUPEN PHILIP AGED 40 YEARS S/O.P.P.PHILIP, THOPPIL HOUSE, PAKKIL.P.O., KOTTAYAM-686012.

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6 JOHN CHRISTOPHER AGED 49 YEARS S/O.J.C.NARONHA, MEENATH HOUSE, PLAPPANA.P.O., KOLLAM-650525.

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BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL

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RESPONDENTS:

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1 STATE OF KERALA,

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REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 SECRETARY TO THE DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVT. OF KERALA, SECRETARIAT,

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WP(C).No.14554 OF 2019(T)

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THIRUVANANTHAPURAM-695001.

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3 REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR, THIRUVANANTHAPURAM 695 003.

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4 DISTRICT COLLECTOR KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM - 686 002.

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5 NUCLEUS PREMIUM PROPERTIES PRIVATE LTD, REGISTERED OFFICE AT 4TH FLOOR, VENTURA, ANCHUMANA, NH 47 BYEPASS, KOCHI - 682024, REP. BY ITS DIRECTOR.

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6 NASHID.N.P DIRECTOR, NUCLEUS PREMIUM PROPERTIES PRIVATE LTD., S/O MOHAMMEDALI, RESIDING AT NELLAYA PUTHEN PEEDIYAKKAL HOUSE, THAZHAKODE WEST.P.O, PIN-679 352, MALAPPURAM DISTRICT.

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7 DIRECTOR GENERAL OF POLICE KERALA STATE, POLICE HEAD QURTERS, TRIVANDRUM PIN-695 010.

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R5-6 BY ADV. SRI.PHILIP T.VARGHESE R5-6 BY ADV. SRI.THOMAS T.VARGHESE R5-6 BY ADV. SMT.V.T.LITHA R5-6 BY ADV. SMT.K.R.MONISHA R5-6 BY ADV. SMT.SHRUTHI SARA JACOB

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SMT.PRINCY XAVIER, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14554 OF 2019(T)

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W.P.(C) No.14554 of 2019

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J U D G M E N T

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The grievance of the petitioners in the writ petition

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concerns the inaction on the part of the Real Estate Regulatory Authority in disposing of Ext.P4 complaint.

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Having regard to the facts and circumstances, I

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deem it appropriate to dispose of the writ petition directing the third respondent to take up Ext.P4 complaint and dispose of the same in accordance with law, after affording the petitioners an opportunity of hearing, within two months. Ordered accordingly.

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.14554 OF 2019(T)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 26.8.2016 EXECUTED BY AND BETWEEN THE 1ST PETITIONER AND RESPONDENTS 5 & 6.

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EXHIBIT P2 TRUE COPY OF THE LETTER DATED 11.5.2019 ISSUED TO THE RESPONDENTS 5 & 6.

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EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 15.2.2019 SUBMITTED BY THE 6TH PETITIONER.

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EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE REAL ESTATE REGULATORY AUTHORITY (RERA), THIRUVANANTHAPURAM.

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RESPONDENTS' EXHIBITS: NIL

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\TRUE COPY//

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PA TO JUDGE

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Ani Abraham Koshy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ani Abraham Koshy v. State of Kerala

Case brief

What is this about?

What did the court decide?

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