Disposed

Alfa Breeze Apartment Residents Association v. Kerala Real Estate Regulatory Authority

Kerala HC18 Jan 2023WP(C)/567/2023

Case brief

AI extract

What is this about?

This writ petition challenged the registration of a real estate project obtained by the promoter through suppression of facts. The court disposed of the petition by directing the Kerala RERA to consider the petitioner's representation, afford the promoter a hearing, and take appropriate action within six weeks.

What did the court decide?

Directed the 1st respondent to consider Ext.P3, afford hearing to the 3rd respondent, and pass a reasoned order within six weeks.

Alfa Breeze Apartment Residents Association Vs Kerala… — Company and Corporate | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 18^TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944

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W.P.(C) NO.567 OF 2023

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PETITIONER:

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ALFA BREEZE APARTMENT RESIDENTS ASSOCIATION (REG NO.TSR/TC/116/2021), ALFA BREEZE APARTMENT, C R IYYNNI ROAD, BUILDING NO. 12/1212, CHEMBUKAVU P.O., THRISSUR, PIN-680 020. REPRESENTED BY ITS SECRETARY, SREEKUMAR M.

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BY ADVS. LINDONS C.DAVIS E.U.DHANYA SWATHY A.P.

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RESPONDENTS:

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1 KERALA REAL ESTATE REGULATORY AUTHORITY, 6TH FLOOR, TRINITY CENTER, KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM,PIN-695 004 REPRESENTED BY ITS CHAIRMAN.

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2 SECRETARY (TECHNICAL AND ADMIN), KERALA REAL ESTATE REGULATORY AUTHORITY, 6TH FLOOR, TRINITY CENTER, KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004.

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3 DR. SCOTT CHACKO JOHN, MANNAKERRY HOUSE, VENNALA P.O., ERNAKULAM-682 028 PRESENTLY RESIDING AT FLAT NO. C1, ALFA BREEZE APARTMENT, C R IYYUNNI ROAD, CHEMBUKAVU P.O., THRISSUR, PIN-680020.

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SMT. AMMINIKUTTY, SENIOR GOVERNMENT PLEADER

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SRI. C.M. NAZAR, STANDING COUNSEL, KERALA REAL ESTATE REGULATORY AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.567 OF 2023

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-2-

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JUDGMENT

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Dated this the 18^th day of January, 2023

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The petitioner is the allottees association of the apartment complex by name 'Alfa Breeze' situated in Chembukavu Village, within the limits of Thrissur Municpal Corporation. The apartment complex was constructed by the 3^rd respondent promoter without obtaining registration under the Real Estate (Regulation and Development) Act, 2016. On noticing this defect, the Real Estate Regulatory Authority (RERA) initiated suo motu proceedings and issued Ext.P1 order, directing the 3^rd respondent to register the project within 30 days. Accordingly, the 3^rd respondent submitted application and was granted registration on 10.12.2022.

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The petitioner's grievance is that the 3^rd respondent had obtained registration from the RERA by suppressing certain crucial facts. Pointing out this aspect and seeking cancellation of the registration, the petitioner has submitted Ext.P3 representation before the 1^st respondent. The limited

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W.P.(C) NO.567 OF 2023

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relief sought in this writ petition is for a consideration of Ext.P3 representation with notice to the 3^rd respondent and appropriate further action.

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I heard the learned Counsel for the petitioner and learned Standing Counsel for the 1^st respondent.

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Considering the limited relief sought, the writ petition is disposed of, directing the 1^st respondent to consider Ext.P3 and pass a reasoned order thereon, after affording an opportunity of hearing to the 3^rd respondent. Needless to say that based on the decision taken, appropriate further action shall also be initiated by the 1^st respondent. The order, as directed above, shall be passed within six weeks of receipt of a copy of this judgment.

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Sd/- V.G. ARUN JUDGE

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bpr

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-4-

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W.P.(C) NO.567 OF 2023

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APPENDIX OF WP(C) 567/2023

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PETITIONER'S EXHIBITS

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EXHIBIT P1 A COPY OF THE ORDER DATED 27.01.2022 OF RERA IN SUO MOTU COMPLIANT NO. 2387/K-RERA/2021.

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EXHIBIT P2 A COPY OF THE CERTIFICATE OF REGISTRATION WITH DIGITAL SIGNATURE DATED 07.12.2022 ISSUED TO THE 3RD RESPONDENT.

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EXHIBIT P3 A COPY OF THE REPRESENTATION DATED 10.12.2022 OF THE PETITIONER SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENT.

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EXHIBIT P4 A COPY OF THE PUBLIC NOTICE NO. K-RERA/T3/102/2020 DATED 05.07.2022 OF THE 1ST RESPONDENT.

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EXHIBIT P5 A COPY OF THE PUBLIC NOTICE NO. K-RERA/T3/102/2020 DATED 08.06.2022 OF THE 1ST RESPONDENT.

Alfa Breeze Apartment Residents Association v. Kerala Real Estate Regulatory Authority

Case brief

What is this about?

What did the court decide?

Alfa Breeze Apartment Residents Association v. Kerala Real Estate Regulatory Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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