Writ petition challenging an order directing payment of interest was dismissed. The High Court held that an efficacious alternative remedy of appeal was available, precluding interference under Article 226.
Writ petition closed; liberty reserved to file appeal against impugned order.
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 V.G.ARUN
TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944
WP(C) NO. 519 OF 2023
PETITIONERS:
1 M/S TULSI DEVELOPERS (INDIA) PVT LTD 2ND FLOOR. TULSI, KPRA LANE NO. 5, SIGNAL JUNCTION, NEAR COLLECTORATE, KAKKANAD P.O., KOCHI, REP. BY ITS MANAGING DIRECTOR, TULSI DAS. PIN - 682030 2 TULSI DAS, 2D, SHARON NEST, SHARICA LANE, VAZHAKKALA P.O., PIN - 682030 BY ADVS. REJI MATHEW.M MATHEW VARGHESE SABU K. VARGHESE MATHEWS K. NELLUVELY
RESPONDENTS:
1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TTHIRUVANANTHAPURAM PIN - 695001 2 KERALA REAL ESTATE REGULATORY AUTHORITY (KRERA), 6TH FLOOR, TRINITY CENTRE, TC NO. 14/4354, OPP CHAITHANYA EYE HOSPITAL, KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY (TECHNICAL AND ADMINISTRATION). PIN - 695004 3 KRISHNAN S TULSI PLUS SQUARE, 19/89, PUTHIYA ROAD,
W.P.(C) No. 519 of 2023
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KALAMASSERY VADAKODE, THRIKKAKARA NORTH, KANAYANNUR TALUK, ERNAKULAM 682021, (NOW RESIDING AT 5/347, MERIDIAN PALM MEADOWS VILLA, NEAR HIRA PUBLIC SCHOOL, KUMBALAM, ERNAKULAM PIN - 682506 4 KALAMASSERRY MUNICIPALITY, CHANGAMPUZHA NAGAR P.O., ERNAKULAM DISTRICT. REP. BY ITS SECRETARY. PIN - 682033 5 ABDUL LATHEEF, MONIYAPPILLIL, VELIYATHUNAD DESOM, KARUMALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM,, PIN - 683511
OTHER PRESENT:
GP AMMINIKUTTY K; SC FOR KRERA C.M. NAZAR; SC FOR MUNICIPALITY M.K.ABOOBACKER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 519 of 2023
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V.G.ARUN J.
W.P.(C) No.519 of 2023
Dated this the 10th day of January 2023
JUDGMENT
This writ petition is filed challenging Ext.P6 order of the second respondent authority, directing the petitioners to pay interest at the rate of 14.2% from 01/08/2021 to 25/02/2022, on the amount of Rs.40,31,486/- paid by the complainant. One of the grounds of challenge is that Ext.P3 application filed by the petitioners claiming certain amounts from the complainant was not taken into consideration and had that application been considered, Ext.P6 order would not have been passed.
W.P.(C) No. 519 of 2023
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The writ petition is hence closed, reserving the petitioners' right to file an appeal against Ext.P6. The petitioners' liberty to seek an emergent orders on Ext.P6 is reserved. If such a request is made by the petitioners, the second respondent shall do the needful without delay.
Sd/-
V.G.ARUN
JUDGE
dpk
W.P.(C) No. 519 of 2023
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APPENDIX OF WP(C) 519/2023
| PETITION | ER EXHIB | ITS |
|---|---|---|
| Exhibit | P1 | THE COPY OF THE PAGE CONTAINING SCHEDULE B OF THE AGREEMENT ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 3RD RESPONDENT ON 17-08- 2016 DESCRIBING THE SUPER BUILT UP AREA OF THE FLAT NO. 8D |
| Exhibit | P2 | THE COPY OF THE PAGE NO 10 OF THE SALE DEED NO 1050/2022 DESCRIBING THE SUPER BUILT UP AREA REGISTERED ON 23-03-2022 |
| Exhibit | P3 | THE COPY OF THE IA 1/2022 FILED ON 27-07-2022 BY THE PETITIONERS BEFORE THE 2ND RESPONDENT |
| Exhibit | P4 | THE COPY OF THE OCCUPANCY CERTIFICATE DATED 16-12-2021 ISSUED BY THE 4TH RESPONDENT |
| Exhibit | P5 | THE CERTIFICATE NO. R2/22513/2022 DATED 19- 12-2022 SPECIFYING THE SUPER BUILT UP AREA OF THE FLAT ISSUED BY THE 4TH RESPONDENT |
| Exhibit | P6 | THE COPY OF THE ORDERS PASSED IN COMPLAINT NO. 231/2021 DATED 05-12-2022 PASSED BY THE 2ND RESPONDENT |
1 issue framed by the court
Whether the High Court could interfere with the order imposing interest under Article 226, given the existence of an efficacious alternative remedy of appeal.
M/s Tulsi Developers (India) Pvt Ltd
Tulsi Das
State of Kerala
Kerala Real Estate Regulatory Authority
Krishnan S
Kalamasserry Municipality
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
