Dismissed¶18

M/S Powerlink Builders Pvt. Ltd. v. State of Kerala

Kerala HC12 Mar 2025WP(C)/17197/2023

Case brief

AI extract

What is this about?

WP(C) 17197/2023, High Court of Kerala, Ernakulam; Gopinath P., J.; decided 02.08.2024. Dismissal of writ petition on ground of suppression of material facts by petitioner (M/s Powerlink Builders Pvt. Ltd.); earlier judgment dated 17.08.2023 recalled via Review Petition No. 754 of 2024; denial of discretionary relief; exemplary costs withheld on lenient view. Respondents: State of Kerala (Registration Department), Inspector General of Registration, Sub Registrar Sasthamangalam. No statutes or precedents discussed in the judgment body.

What did the court decide?

A writ petitioner who is guilty of suppression of material facts is not entitled to any discretionary relief from the Court. ¶17

M/S Powerlink Builders Pvt. Ltd. Vs State of Kerala — Kerala HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 17197 OF 2023

¶5

PETITIONER:

¶6

M/S POWERLINK BUILDERS PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR, SRI.PRADEEP P.,
AGED 62 YEARS, S/O.LATE PRABHAKARA MENON, G-3,
AISWARYA, JAWAHAR NAGAR, KOWDIAR PO,
THIRUVANANTHAPURAM, PIN – 695 003.

¶7

BY ADVS.
PIRAPPANCODE V.S.SUDHIR
AKASH S.
GIRISH KUMAR M S
DEVIKA JAYARAJ

¶8

RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

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2 INSPECTOR GENERAL OF REGISTRATION, DEPARTMENT OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM, PIN – 695 035.

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3 THE SUB REGISTRAR, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN – 695 010.

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BY SMT.JASMINE M.M, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17197 OF 2023

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¶16

JUDGMENT

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I have by separate order today, disposed of Review Petition No.754 of 2024 in W.P(C)No.17197 of 2023. I have found that the petitioner in the writ petition was guilty of suppression of material facts, as a result of which, I have recalled the judgment dated 17.08.2023 in this writ petition. Since I have found that the writ petitioner was guilty of suppression of material facts, I am of the view that the writ petitioner is not entitled to any discretionary relief from this Court.

¶18

The writ petition will therefore, stand dismissed upon the finding that the petitioner is guilty of suppression of material facts. Though this finding should have normally entailed the imposition of exemplary costs, taking a lenient view, I refrain from doing so.

Sd/-

GOPINATH P. JUDGE

WP(C) NO. 17197 OF 2023

¶23

¶24

APPENDIX OF WP(C) 17197/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE JOINT DEVELOPMENT
AGREEMENT DATED 10.07.2014 EXECUTED
BETWEEN THE PETITIONER AND ONE HILLARY
FELSON, RESIDING AT KESTON TOWERS, AF,
KAWDIAR P.O., THIRUVANANTHAPURAM
Exhibit P2TRUE COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE HILLARY FELSON IN
FAVOUR OF THE PETITIONER DATED
23.07.2014
Exhibit P3TRUE COPY OF THE SUPPLEMENTARY JOINT
DEVELOPMENT AGREEMENT DATED 23.10.2020
EXECUTED BETWEEN THE PETITIONER AND
HILLARY FELSON
Exhibit P4TRUE COPY OF THE AGREEMENT FOR SALE
DATED 03.10.2022, EXECUTED BY THE
PETITIONER, IN HIS CAPACITY AS THE
PROMOTER AND POWER OF ATTORNEY HOLDER
OF THE SELLER IN FAVOUR OF ONE MR.DILIP
KUMAR P, AN ALLOTTEE OF APARTMENT 8A
Exhibit P5TRUECOPYOFTHECIRCULAR
NO.10030/E2/07/TAXES DATED 08.05.2007

¶26

RESPONDENT EXHIBITS
Exhibit R3(a)INSTRUCTIONSHAVINGNO.10030/E2/07
DATED 08.05.2007 ISSUED BY GOVERNMENT
OF KERALA.

M/S Powerlink Builders Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

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M/S Powerlink Builders Pvt. Ltd. v. State of Kerala

Case brief

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