Disposed

“Parivarthan” v. State of Kerala

Kerala HC4 Apr 2023WP(C)/5108/2023

Case brief

AI extract

What is this about?

This order deals with a writ petition seeking directions to consider representations on amendments to apartment laws and fill vacancies under the RERA Act. The court directed the first respondent to consider representations within two months and made an interim order on vacancies absolute.

What did the court decide?

The Chief Secretary directed to consider the petitioner's representation dated 26.01.2023 within two months; interim order of 01.03.2023 regarding RERA vacancies made absolute.

“Parivarthan” Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
WP(C) NO. 5108 OF 2023

¶6

PETITIONER/S:

¶7

"PARIVARTHAN"
REGISTERED CHARITABLE SOCIETY, HAVING OFFICE AT
ANN'S APARTMENT, AMULYA STREET, ERNAKULAM-682018
REPRESENTED BY ITS SECRETARY, A.A. SHIBI,ADVOCATE
AGED 36 YEARS, D/O AYYAPPANKUTTY, AMMUPILLY
(HOUSE),SENGULAM P.O, SENGULAM, IDUKKI
(DISTCRICT),, PIN - 685565
BY ADVS.
P. K. SURESH KUMAR, SR.
GAYATHRI A.L.
SANJAY THAMPI

¶8

RESPONDENT/S:

¶9

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶10

2 THE SECRETARY, LOCAL SELF-GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶11

3 THE SECRETARY, LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶13

W. P. (C) No. 5108 of 2023

-2-

J U D G M E N T

S. Manikumar, C. J.

On 16.02.2023, we passed the following order:-

¶18

“Prayers sought for in this writ petition are as follows:

¶19

“i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to consider Ext. P1 to P3 representation and take appropriate actions or pass appropriate orders within a time frame to be fixed by this Hon'ble Court.

¶20

ii) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to ensure that the vacancies, are filled up within the stipulated time as contemplated under Section 24(3) and 48(3) of the Real Estate (Regulation and Development) Act 2016.”

¶21

Short facts leading to the filing of the writ petition are as under:

¶22

The petitioner, a non-profitable organization by name "PARIVARTHAN", is a charitable society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. Though the petitioner has submitted Exhibits P1 to P3 representations before respondents 1 to 3 pointing out the shortcomings of the Kerala Apartment Owners Act, 1983 and requesting to incorporate requisite amendments in tune with the provisions and mandate of Real Estate (Regulation

¶23

W. P. (C) No. 5108 of 2023

¶24

-3-

¶25

and Development) Act, 2016, the same is pending consideration. Seeking a direction to the respondents for an expeditious consideration of Exhibits P1 to P3 representations and immediate filling up of the vacancies in the Appellate Tribunal and Authority, this writ petition is filed.

¶26

Mr.K.P. Harish, learned Senior Government Pleader, takes notice on behalf of the respondents.

¶27

Considering the averments and the reliefs sought for, we direct the learned Senior Government Pleader to get instructions within one week.”

¶28

On the administrative side, on 28.02.2023, Mr. S. V. Bhatti, a

¶29

Hon’ble Judge of this Court, has been nominated as Chairman in the Selection Committee for filling up of vacancies in the Appellate Tribunal and Authority.

¶30

Process has begun. In such circumstances, till the completion of the process of filling up of vacancies in the Appellate Tribunal and Authority, we are of the view that the interim arrangement by the order dated 01.03.2023 can continue. Accordingly, interim order dated 01.03.2023 is made absolute.

¶31

However, Mr. P. K. Suresh Kumar, learned Senior Counsel

¶32

-4-

¶33

W. P. (C) No. 5108 of 2023

¶34

appearing for the petitioner, submitted that a direction may also be issued to the Chief Secretary, Government Secretariat, Thiruvananthapuram, the 1^st respondent, to dispose of Ext. P1 representation dated 26.01.2023.

¶35

Giving due consideration to the material on record and the contents of the Ext. P1 stated supra, we direct the Chief Secretary, Government Secretariat, Thiruvananthapuram, the 1^st respondent, to consider Ext. P1 dated 26.01.2023, and pass orders on merits, in accordance with law, within a period of two months from the date of receipt of a copy of this judgment.

¶36

Accordingly, writ petition is disposed of.

¶37

Sd/S. MANIKUMAR CHIEF JUSTICE

¶38

Sd/MURALI PURUSHOTHAMAN JUDGE

¶39

¶40

///TRUE COPY/// P. A. TO JUDGE

¶41

W. P. (C) No. 5108 of 2023

¶42

-5-

¶43

APPENDIX OF WP(C) 5108/2023

¶44

PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE REPRESENTATION DATED
26/01/2023 SUBMITTED BEFORE THE 1ST
RESPONDENT

¶45

EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED
26/01/2023 SUBMITTED BEFORE THE 2ND
RESPONDENT

¶46

EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED
26/01/2023 SUBMITTED BEFORE THE 3RD
RESPONDENT

¶47

EXHIBIT P4TRUE COPY OF INTERIM ORDER DATED
22.2.2023 IN WP(C) NO. 5249 OF 2023 OF
THIS HON'BLE COURT

“Parivarthan” v. State of Kerala

Case brief

What is this about?

What did the court decide?

“Parivarthan” 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

Vidyadharan Vs State of Kerala

R.S. Sasikumar Vs the Kerala Lok Ayukta

One Earth One Life (Reg. NO.S.246/1988, Kannur) Vs State of Kerala

Sajeeb S. Vs State of Kerala

Ashad Vs State of Kerala

A.K.Sasidharan Vs the District Collector