Disposed

Alfa Ventures (P) Ltd. v. State of Kerala

Kerala HC14 Jun 2023WP(C)/15807/2023

Case brief

AI extract

What is this about?

The High Court held that since an appeal is pending before the Appellate Tribunal, it need not entertain the writ petition on merit. The proceedings before the Authority were deferred for 30 days to allow the petitioner to approach the Tribunal for relief.

What did the court decide?

Further proceedings based on Ext.P7 deferred for 30 days; petitioner free to approach Tribunal for orders.

Alfa Ventures (P) Ltd. Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

¶1

WP(C) NO. 15807 OF 2023 1

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶5

WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945 WP(C) NO. 15807 OF 2023

¶6

PETITIONER/S:

¶7

ALFA VENTURES (P) LTD. AGED 58 YEARS ALFA TOWERS, I.S PRESS ROAD, ERNAKULAM, KOCHI REPRESENTED BY ITS DIRECTOR J. PAUL RAJ., PIN - 682018

¶8

BY ADVS. K.T.THOMAS MATHEW BOB KURIAN

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA REAL ESTATE APPELLATE TRIBUNAL KURUVI BUILDING, ST.VINCENT ROAD, KACHERIPADY, KOCHI. REP. BY ITS REGISTRAR., PIN - 682018 3 KERALA REAL ESTATE REGULATORY AUTHORITY 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM. REP. BY ITS SECRETARY., PIN - 695003 4 KADAVIL CHACKO CHERIAN 8B, SKYLINE PLATINUM, RAJAJI ROAD, ERNAKULAM COLLEGE P.O., KOCHI, PIN - 682035 BY ADVS. PHILIP T.VARGHESE

¶11

WP(C) NO. 15807 OF 2023 2

¶12

ACHU SUBHA ABRAHAM(K/001758/1999) V.T.LITHA(K/278/2006) K.R.MONISHA(K/915/2013) ARJUN RAJA P.C.(K/843/2019) MIHIRSA.M.(K/551/2021), SRI.C.M.NAZAR, SC-R3, SMT.VIDYA KURIAKOSE, GP

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C) NO. 15807 OF 2023

¶15

¶16

P.V.KUNHIKRISHNAN, J

¶17

W.P.(C.) No. 15807 of 2023

¶18

Dated this the 14^th day of June, 2023

¶19

JUDGMENT

¶20

The above writ petition is filed with following prayers :

¶21

“i. To issue appropriate writ order or direction declaring that the consideration of Ext.P2 complaint by the 3^rd respondent during the pendency of Ext.P5 appeal before the 2^nd respondent is arbitrary and illegal.

¶22

ii. To issue a writ of certiorari or other appropriate writ order or direction quashing Ext-P7 proceedings issued by the 3^rd respondent.

¶23

iii. To Issue a writ of mandamus or other appropriate writ order or direction restraining the 3rd respondent from proceeding with Ext-P2 complaint during the pendency of REFA No.5/2023 before the 2nd respondent.

¶24

iv. To grant such other and further reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.” [SIC]

¶25

This writ petition is filed mainly for a declaration that consideration of Ext.P2 complaint by the 3^rd respondent

¶26

WP(C) NO. 15807 OF 2023 4

¶27

during the pendency of Ext.P5 appeal before the 2^nd respondent is arbitrary.

¶28

Heard the learned counsel for the petitioner and Sri.C.M.Nazar, learned Standing Counsel appearing for the 3^rd respondent. I also heard the learned counsel appearing for the 4^th respondent. Government Pleader appears for the 1^st respondent.

¶29

Admittedly, there is an order passed by the 3^rd respondent as evident by Ext.P3. The petitioner challenged the same before the 2^nd respondent-Tribunal as evident by Ext.P4. The Appellate Tribunal passed Ext.P5 order. Pending the appeal, the grievance of the petitioner is that the 3^rd respondent is proceeding with the complaint as evident by Ext.P7. Hence, this writ petition.

¶30

Since the appeal is pending before the 2^nd respondent – Tribunal, I am of the considered opinion that this Court need not entertain this writ petition. To facilitate the petitioner to obtain necessary orders from the Tribunal, the further proceedings based on Ext.P7 can be kept in abeyance for a period of 30

¶31

¶32

WP(C) NO. 15807 OF 2023

¶33

days from today. I make it clear that I have not considered the matter on merit and this order is passed only to facilitate the petitioner to approach the Tribunal for getting appropriate orders.

¶34

Therefore, this writ petition is disposed of with the following directions :

¶35

1. Further proceedings based on Ext.P7 shall be deferred for

¶36

a period of 30 days from today.

¶37

1. In the meanwhile, the petitioner is free to obtain necessary orders from the 2^nd respondent-Tribunal.

¶38

Sd/-

¶39

P.V.KUNHIKRISHNAN

¶40

JUDGE

¶41

SKS

¶42

WP(C) NO. 15807 OF 2023

¶43

¶44

APPENDIX OF WP(C) 15807/2023

¶45

PETITIONER EXHIBITS

¶46

Exhibit-P1	TRUE COPY OF THE DATED 24.05.2018 PANCHAYAT	OCCUPANCY CERTIFICATE ISSUED BY MULAVUKAD
Exhibit-P2	TRUE COPY OF THE FILED BY 3RD RESP	COMPLAINT NO.69/2022 ONDENT BEFORE K-RERA
Exhibit-P3	TRUE COPY OF THE IN COMPLAINT NO.6 3RD RESPONDENT	ORDER DATED 01.11.2022 9 OF 2022 PASSED BY THE
Exhibit-P4	TRUE COPY OF THE WITHOUT EXHIBITS RESPONDENT	APPEAL REFA NO.5/2023 BEFORE THE 2ND
Exhibit-P5	TRUE COPY OF THE 02.03.2023 IN REF THE APPELLATE TRI	PROCEEDINGS DATED A NO.5/2023 PASSED BY BUNAL
Exhibit-P6	TRUE COPY OF THE 20.04.2023 FILED	APPLICATION DATED BY THE PETITIONER
Exhibit-P7	TRUE COPY OF THE 25.04.2023 IN COM BY THE 3RD RESPON	INTERIM ORDER DATED PLAINT NO.69/2023 PASSED DENT

Alfa Ventures (P) Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alfa Ventures (P) Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bichu Abraham Vs State of Kerala

Jayanthan Nampoothiri B. Vs the State of Kerala

Abu Mathew Vs Kerala Water Authority

Liji Jose.P Vs State of Kerala

Professional Hospitality and Support Service Vs State of Kerala

Dr. N.C Cheriyan Vs the Village Officer