The Kerala High Court dismissed a writ petition filed by developers as not pressed by the vigilantly non-assertive parties, despite available settlement exhibits, granting liberty to approach for further grievance.
Petition dismissed as not pressed, with liberty to approach for further grievance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 1ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA,
1943
WP(C) NO. 27541 OF 2020
PETITIONERS:
1 MR. PAUL ALUKKA AGED 65 YEARS SON OF MR.A.J. VARGHESE, ALUKKA HOUSE, CHILAVANNUR ROAD, KADAVANTHRA POST, PIN - 682 020, ERNAKULAM DISTRICT. 2 M/S. PAUL ALUKKAS DEVELOPERS PVT.LTD., COCHIN CORPORATION BUILDING NO.40/8846, OPPOSITE KAVITHA THEATRE, PENTA SQUARE, M.G.ROAD, ERNAKULAM - 682 035, REPRESENTED HEREIN BY ITS MANAGING DIRECTOR MR.PAUL ALUKKA.
BY ADV. SRI. ANIMON A. JOHN
RESPONDENTS:
1 THE DISTRICT REGISTRAR ERNAKULAM, KEERTHILAL BUILDING, M.G.ROAD, ERNAKULAM - 682 035. 2 EVALIA APARTMENTS OWNER'S ASSOCIATION, EVALIA APARTMENTS BUILDING COMPLEX, PACHALAM POST, ERNAKULAM - 682 012, REPRESENTED BY THE SECRETARY, MR.SIVAPRASAD.K.B., FLAT NO.10B, EVALIA APARTMENRS, CHITTOOR ROAD, PACHALAM, ERNAKULAM - 682 012. 3 MR.NAWAS DAVOOD, FLAT NO.8C, EVALIA APARTMENTS, CHITTOOR ROAD, PACHALAM, ERNAKULAM - 682 012.
WP(C).No.27541 OF 2020
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BY ADVS.
SMT. DEEPA NARAYANAN, GP SRI. JACOB MATHEW MANALIL SRI. K.VARGHESE THOMAS SMT. PRIYA ELIZABETH BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27541 OF 2020
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JUDGMENT
In the light of the not pressed memo filed by the writ petitioners, the writ petition is dismissed as not pressed with liberty to approach this Court in the event of any further grievance subsisting in the same subject matter.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
WP(C).No.27541 OF 2020
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APPENDIX
PETITIONER'S EXHIBITS:-
| EXHIBIT P1 | TRUE COPY OF THE NO.MOP7/COC/1175/ KOCHI MUNICIPAL C 14.03.2014. |
BUILDING PERMIT 2015 ISSUED BY THE ORPORATION DATED |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ISSUED BY THE KOC CORPORATION DATED |
OCCUPANCY CERTIFICATE HI MUNICIPAL 09.11.2018. |
| EXHIBIT P3 | TRUE COPY OF THE LAW APPROVED BY T 16.02.2020. |
RELEVANT PAGES OF BYE HE GENERAL BODY HELD ON |
| EXHIBIT P4 | TRUE COPY OF THE 2ND PETITIONER DA |
LETTER ISSUED BY THE TED ON 27.07.2020. |
| EXHIBIT P5 | TRUE COPY OF THE DATED 05.08.2020 RESPONDENT TO THE |
LETTER NO.M1-2056/2020 ISSUED BY THE 1ST PETITIONERS. |
| EXHIBIT P6 | TRUE COPY OF THE DATED 24.08.2020 RESPONDENT. |
LETTER NO.M1-2056/2020 ISSUED BY 1ST |
| EXHIBIT P7 | TRUE COPY OF THE 1ST PETITIONER TO DATED 02.09.2020. |
LETTER ISSUED BY THE THE 3RD RESPONDENT |
| EXHIBIT P8 | TRUE COPY OF THE BEARING NO.EKM/TC 08.09.2020. |
REGISTERED BYE LAW /317/2020 DATED |
| EXHIBIT P9 | TRUE COPY OF THE CERTIFICATE NO.EK 08.09.2020. |
REGISTRATION M/TC/317/2020 DATED |
RESPONDENTS'S EXHIBITS: NIL.
Mr. Paul Alukka
M/s. Paul Alukkas Developers Pvt. Ltd.
The District Registrar Ernakulam
Evalia Apartments Owner's Association
Mr. Nawas Davood
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
