The High Court of Kerala dismissed two connected writ petitions (Nos. 12546 & 12913 of 2021) filed by Olive Builders & Developers. The court placed the petitions as not pressed by the learned counsel, who submitted that the matter was settled.
Writ petitions dismissed as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 7TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943
WP(C) NO. 12546 OF 2021
PETITIONER/S:
OLIVE BUILDERS & DEVELOPERS, OLIVE HOUSE, 50/932A, DEVANKULANGARA JUNCTION, CHITTUPADUKARA, EDAPPALLY NORTH VILLAGE, KOCHI, REPRESENTED BY THE AUTHORISED SIGNATORY MR. P.V. MATHAI.
BY ADVS.
SANTHOSH MATHEW VIJAY V. PAUL GOKUL ASOK NANDA SURENDRAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA REAL ESTATE REGULATORY AUTHORITY (KRERA), SWARAJ BHAVAN, 5TH FLOOR, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695003, REPRESENTEDBY ITS SECRETARY (TECHNICAL AND ADMINISTRATION).
3 SILVY JACOB, CARACKATTU HOUSE, NATTAKOM P.O., KOTTAYAM-686513.
4 KOTTAYAM MUNICIPALITY, JOYEES ARACADE, YMCA ROAD, KOTTAYAM KERALA-686001, REPRESENTED BY ITS SECRETARY.
WP(C) Nos. 12546 & 12913 OF 2021
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5 SECRETARY, KOTTAYAM MUNICIPALITY, JOYEES ARCADE, YMCA ROAD, KOTTAYAM, KERALA-686001.
BY ADVS.21742 C.M.NAZAR SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY SMT. DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2021, ALONG WITH WP(C).12913/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 12546 & 12913 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 7TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943 WP(C) NO. 12913 OF 2021
PETITIONER/S:
M/S.OLIVE BUILDERS & DEVELOPERS OLIVE HOUSE, 50/932A, DEVAKULANGARA JN. CHITTUPADUKARA, EDAPALLY NORTH VILLAGE, KOCHI. REPRESENTED BY ITS AUTHORISED SIGNATORY MR. P.V. MATHAI.
BY ADVS. SANTHOSH MATHEW GOKUL ASOK NANDA SURENDRAN
RESPONDENT/S:
WP(C) Nos. 12546 & 12913 OF 2021
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KOTTAYAM 686 001.
5 KOTTAYAM MUNICIPALITY,
JOYEES ARCADE, YMCA RD, KOTTAYAM, KERALA 686 001. REPRESENTED BY ITS SECRETARY.
6 SECRETARY, KOTTAYAM MUNICIPALITY, JOYEES ARCADE, YMCA RD, KOTTAYAM, KERALA 686 001.
BY ADVS. C.M.NAZAR RAMESH CHERIAN JOHN SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2021, ALONG WITH WP(C).12546/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 12546 & 12913 OF 2021
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P.V.KUNHIKRISHNAN, J.
===================
WP(C) Nos.12546 & 12913 OF 2021 =================== Dated this the 7th day of December 2021
J U D G M E N T
The learned counsel for the petitioner submitted that, the matter is settled and he is not pressing these writ petitions. Therefore, these writ petitions are dismissed as not pressed.
Sd/P.V.KUNHIKRISHNAN JUDGE
LU
WP(C) Nos. 12546 & 12913 OF 2021
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APPENDIX OF WP(C) 12546/2021
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE BUILDING PERMIT DATED 25/06/2013 ISSUED BY THE 4TH RESPONDENT MUNICIPALITY. EXHIBIT P2 A COPY OF THE PROCEEDINGS DATED 30/08/2016 ISSUED BY THE 4TH RESPONDENT MUNICIPALITY FOR EXTENDING THE TIME GRANTED FOR THE CONSTRUCTION. EXHIBIT P3 A COPY OF THE PROCEEDINGS DATED 13/03/2018 ISSUED BY THE 4TH RESPONDENT MUNICIPALITY FOR EXTENDING THE TIME GRANTED FOR THE CONSTRUCTION. EXHIBIT P4 TRUE COPY OF AGREEMENT FOR CONSTRUCTION CUM SALE DATED 17/12/2013. EXHIBIT P5 APPLICATION FOR OCCUPANCY CERTIFICATE DATED 21/11/2018 WHICH IS MARKED AS PW3/BA/107/11-12 IN THE FILES OF 4TH RESPONDENT MUNICIPALITY. EXHIBIT P6 PUBLIC NOTICE ISSUED BY K.RERA DATED 26/12/2019. EXHIBIT P7 PUBLIC NOTICE ISSUED BY K.RERA DATED 27/12/2019. EXHIBIT P8 PUBLIC NOTICE ISSUED BY K.RERA DATED 22/02/2020. EXHIBIT P9 PUBLIC NOTICE ISSUED BY K.RERA DATED 17/09/2020. EXHIBIT P10 OCCUPANCY CERTIFICATE DATED 05/03/2021, ISSUED TO THE PETITIONER.
WP(C) Nos. 12546 & 12913 OF 2021
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EXHIBIT P11 THE RERA REGISTRATION CERTIFICATE ISSUED FOR 'OLIVE CELESTINA' DATED 26/03/2021.
EXHIBIT P12 CCP NO.72/2021 FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER BEFORE THE 2ND RESPONDENT AUTHORITY.
EXHIBIT P13 CCP NO.101/2021 FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER BEFORE THE 2ND RESPONDENT AUTHORITY.
EXHIBIT P14 COPIES OF PHOTOGRAPHS SHOWING THE PRESENT STATUS OF THE PROJECT.
EXHIBIT P15 A COPY OF THE LEDGER ACCOUNT OF THE 3RD RESPONDENT IN THE BOOKS OF THE PETITIONER.
EXHIBIT P16 A COPY OF ACCOUNTS STATEMENT CORRESPONDING TO THE 3RD RESPONDENT'S APARTMENT IN THE PETITIONER'S PROJECT.
EXHIBIT P17 COPY OF THE INTERIM ORDER DATED 07/05/2021 PASSED BY THIS HON'BLE COURT IN WPC NO. 11190/2021(W).
EXHIBIT P18 COPY OF THE JUDGMENT IN WPC NO.7291/2018.
WP(C) Nos. 12546 & 12913 OF 2021
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APPENDIX OF WP(C) 12913/2021
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE BUILDING PERMIT DATED 25.06.2013 ISSUED BY TH 5TH RESPONDENT MUNICIPALITY. EXHIBIT P2 A COPY OF THE PROCEEDINGS DATED 30.08.2016 ISSUED BY THE 5TH RESPONDENT MUNICIPALITY FOR EXTENDING THE TIME GRANTED FOR THE CONSTRUCTION. EXHIBIT P3 A COPY OF THE PROCEEDING DATED 13.03.2018 ISSUED BY THE 5TH RESPONDENT MUNICIPALITY FOR EXTENDING THE TIME GRANTED FOR THE CONSTRUCTION. EXHIBIT P4 AGREEMENT FOR CONSTRUCTION CUM SALE DATED 21.05.2014 BETWEEN PETITIONER AND 3RD AND 4TH RESPONDENTS. EXHIBIT P5 APPLICATION FOR OCCUPANCY CERTIFICATE DATED 21.11.2018 WHICH IS MARKED AS PW3/BA/107/11-12 IN THE FILE OF 5TH RESPONDENT MUNICIPALITY. EXHIBIT P6 POSSESSION LETTER DATED 22.04.2019 ISSUED BY THE PETITIONER IN FAVOUR OF 3RD AND 4TH RESPONDENTS. EXHIBIT P7 DEED OF SALE DEED 12.11.2019 BETWEEN PETITIONER AND 3RD AND 4TH RESPONDENT. EXHIBIT P8 PUBLIC NOTICE ISSUED BY K-RERA DATED 26.12.2019. EXHIBIT P9 PUBLIC NOTICE ISSUED BY K-RERA DATED 27.12.2019. EXHIBIT P10 PUBLIC NOTICE ISSUED BY K-RERA DATED
WP(C) Nos. 12546 & 12913 OF 2021
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22.02.2020.
EXHIBIT P11 PUBLIC NOTICE ISSUED BY K-RERA DATED 17.09.2020. EXHIBIT P12 OCCUPANCY CERTIFICATE DATED 05.03.2021 ISSUED TO THE PETITIONER. EXHIBIT P13 THE RERA REGISTRATION CERTIFICATE ISSUED FOR 'OLIVE CELESTINA' DATED 26.3.2021. EXHIBIT P14 CCP NO. 55 OF 2021 (COMPLAINT ) FILED BY THE 3RD AND 4TH RESPONDENT AGAINST THE PETITIONER BEFORE THE 2ND RESPONDENT AUTHORITY.
EXHIBIT P15 CCP NO. 55 OF 2021 (APPLICATION) FILED BY THE 3RD AND 4TH RESPONDENTS AGAINST THE PETITIONER BEFORE THE 2ND RESPONDENT AUTHORITY.
EXHIBIT P16 COPIES OF PHOTOGRAPHS SHOWING THE PRESENT STATUS OF THE PROJECT.
EXHIBIT P17 A COPY OF ACCOUNTS STATEMENT CORRESPONDING TO THE 3RD AND 4TH RESPONDENTS APARTMENT IN THE PETITIONERS PROJECT DATED 9/3/21.
EXHIBIT P18 COPY OF THE INTERIM ORDER DATED.07.05.2021 ISSUED IN WPC NO. 11190/2021(W).
EXHIBIT P19 COPY OF THE INTERIM ORDER DATED 22.06.2021 ISSUED IN WPC NO. 12546/201(W).
EXHIBIT P20 COPY OF THE JUDGMENT IN WPC NO. 7291 OF 2018.
// True Copy // PA To Judge
Olive Builders & Developers
State of Kerala
Kerala Real Estate Regulatory Authority (KRERA)
Silvy Jacob
Kottayam Municipality
Secretary, Kottayam Municipality
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
