Kerala High Court
Suresh Ayyappan vs Lesly Philip Abraham on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.8901 OF 2021(K)
PETITIONER:
SURESH AYYAPPAN, AGED 41 YEARS
S/O. V.S. AYYAPPAN, VAZHAKKALAYIL HOUSE,
KALLARA SOUTH P.O, KOTTAYAM DISTRICT,
PIN-686 611
BY ADVS.
SRI.REJI GEORGE
SRI.JOE JOSEPH KOCHIKUNNEL
SRI.BINOY DAVIS
SRI.R.P.SREENIVASAN
RESPONDENTS:
1 LESLY PHILIP ABRAHAM, AGED 42 YEARS
S/O. PHILIP KUTTY ABRAHAM, PARAVILA PUTHEN VEEDU,
ENGAPUZHA, PUTHUPPADY P.O,
KOZHIKODE DISTRICT, PIN-673 586
2 THE ADJUDICATING OFFICER,
KERALA REAL ESTATE REGULATORY AUTHORITY (RERA),
5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
KOWDIAR P.O, THIRUVANANTHAPURAM DISTRICT,
PIN-695 003
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, ALONG WITH WP(C).NO.9085/2021(I), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8901 & 9085 OF 2021(K)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9085 OF 2021(I)
PETITIONER:
SURESH AYYAPPAN, AGED 41 YEARS
S/O.V.S. AYYAPPAN, VAZHAKKALAYIL HOUSE,
KALLARA SOUTH P.O, KOTTAYAM DISTRICT,
PIN-686 611
BY ADVS.
SRI.REJI GEORGE
SRI.JOE JOSEPH KOCHIKUNNEL
SHRI.NASEER MOIDU
SRI.BINOY DAVIS
SRI.R.P.SREENIVASAN
RESPONDENTS:
1 THOMAS STEPHEN, AGED ABOUT 49 YEARS,
S/O.STEPHEN THOMAS, KALYALAKKAL HOUSE,
ELAVANTHITTA P.O., PATHANAMTHITTA DISTRICT,
PIN-689 625.
2 THE ADJUDICATING OFFICER,
KERALA REAL ESTATE REGULATORY AUTHORITY (RERA),
5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
KOWDIAR P.O, THIRUVANANTHAPURAM DISTRICT,
PIN-695 003
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, ALONG WITH WP(C).NO.8901/2021(K), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8901 & 9085 OF 2021(K)
3
J U D G M E N T
Petitioners claim that in Ext.P2 complaint they
have filed Ext.P3 reply and along with that Ext.P4
petition has been filed raising the question of
maintainability as a preliminary issue.
2. In both these writ petitions the contentions
are similar with respect to different complaints which
are filed against the petitioner by the respective
complainants before the second respondent.
3. According to the petitioners the project is
not an ongoing one and it is also stated that claim
raised by the petitioners is barred by limitation.
Petitioners point out that matter is posted for
evidence and hearing on 12.04.2021.
As the petitioners have filed Ext.P4 petition,
there shall be a direction to the 2 nd respondent to
take up the matter and decide on the question of
WP(C).No.8901 & 9085 OF 2021(K)
maintainability before going to the evidence.
These writ petitions are disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C).No.8901 & 9085 OF 2021(K)
APPENDIX OF WP(C).NO.8901/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 20.02.2020
IN W.P.C NO.4918/2020 OF THIS HON'BLE
COURT.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT CCP
NO.117/2020 FILED BY THE FIRST
RESPONDENT BEFORE THE SECOND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPLY DT. 11.03.2021
FILED BY THE PETITIONER IN CCP
NO.117/2020 BEFORE THE SECOND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PETITION DT.
11.03.2021 FILED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT TO HEAR
THE ISSUE OF MAINTAINABILITY AS A
PRELIMINARY ISSUE IN CCP NO.117/2020
WP(C).No.8901 & 9085 OF 2021(K)
APPENDIX OF WP(C).NO.9085/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 20.02.2020
IN W.P.C NO.4918/2020 OF THIS HON'BLE
COURT.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT CCP
NO.117/2020 FILED BY THE FIRST
RESPONDENT BEFORE THE SECOND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPLY DT. 11.03.2021
FILED BY THE PETITIONER IN CCP
NO.117/2020 BEFORE THE SECOND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PETITION DT.
11.03.2021 FILED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT TO HEAR
THE ISSUE OF MAINTAINABILITY AS A
PRELIMINARY ISSUE IN CCP NO.117/2020
