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Majeed Vs State of Kerala — Kerala HC (2023) — LawSathi Research

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Kerala HC
2023
Majeed Vs State of KeralaMajeed v. State of Kerala

Disposed

Majeed v. State of Kerala

Kerala HC15 Dec 2023WP(C)/1817/2013

Case brief

AI extract

What is this about?

Court closed the writ petition seeking direction to hand over the apartment subject to liberty to file a fresh petition if a grievance arises.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

FRIDAY, THE 15^TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA,

1945

WP(C) NO. 1817 OF 2013

PETITIONER/S:

MAJEED T.M., AGED 52 YEARS BUSINESS, S/O MOHAMMEDKUTTY, THERIYATH HOUSE, ARIYANNOOR P.O, KANDANASSERI, THAPPILLY, THRISSUR DISTRICT

BY ADVS. SRI.K.A.MANZOOR ALI SRI.BIJU .C. ABRAHAM

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

Parties & counsel

AI extract

petitioner
Majeed T.M.
respondent
State of Kerala
respondent
The Tripunithura Municipality
respondent
MS Shwas Home Private Limited
respondent
Shwas Homes Mystic Heights II Owners Association

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 15 Dec 2023 · December
Registered: 17 Jan 2013
Case no.: WP(C)/1817/2013

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Cite this judgement

Majeed v. State of Kerala, WP(C)/1817/2013 (KL), decided on 15 December 2023.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Shoba Annamma Eapen

Parties & counsel

Outcome

Disposed

Detailed headnote1 paragraphs

Writ petition seeking direction to hand over apartment closed as infructuous in light of connected matter indicating construction completion and handover, with liberty to file fresh petition.

A compact analysis

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.

2 THE TRIPUNITHURA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, TRIPUNITHURA 682301

3 MS SHWAS HOME PRIVATE LIMITED 39/5273, 2ND FLOOR, G-363, GEORGE TECHNOLOGY ARCADE, K.C. JOSEPH ROAD, PANAMPILLY NAGAR, ERNAKULAM, REPRESENTED BY ITS DIRECTOR SREENI PARAMESWARAN, BUSINESS S/O M.G. PARAMESWARAN NAIR, RESIDING AT MYTHRI, CHAKKUNGAL ROAD, PALARIVATTOM, KOCHI 25

4 SHWAS HOMES MYSTIC HEIGHTS II OWNERS ASSOCIATION GROUND GLOOR, MYSTIC HEIGHTS, KANIYAMPUZHA ROAD, EROOR P.O, VYTTILA, KOCHI 682006 REPRSENTED BY ITS PRESIDENT

WP(C) No.1817 of 2013

..2..

BY ADVS. SRI.V.M.KURIAN K.S.ARUN KUMAR

OTHER PRESENT:

SRI. SAIGY JACOB PALATTY -SR. GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

..3..

WP(C) No.1817 of 2013

JUDGMENT

The petitioner has filed this writ petition seeking for a direction to the second respondent to implement a stop memo issued to the third respondent and also to take appropriate steps to hand over the apartment to the petitioner.

Today, when the matter is taken up for hearing, WP(C) No.6201 of 2013, which is a

connected matter, filed by the association of the apartment owners, has been closed as infructuous, recording the submission that the construction of

the apartment was over and the individual apartments were handed over to the owners. Therefore, in view of the submission in WP(C) No.6201 of 2013, the learned counsel for the

petitioner submits that this writ petition can

also be closed leaving open the remedy of the petitioner to file a writ petition afresh, if any

further grievance arises in future.

WP(C) No.1817 of 2013

Recording the submission of the learned

counsel for the petitioner, this writ petition is

closed with liberty to the petitioner to file a fresh writ petition, if he so desires.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE

bka/-

Coram

AI extract

Shoba Annamma Eapen

CNR

KLHC010450152013

Bench

Shoba Annamma Eapen

Disposal

CLOSED

Mystic Heights Owners Association Vs State of Kerala

15 Dec 2023

A.K. George Vs State of Kerala

15 Dec 2023