Kerala High Court
P.G.Unnikrishnan vs P.G.Unnikrishnan on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 09TH DAY OF APRIL 2021/19TH CHAITHRA, 1943
RP.No.338 OF 2021 IN WP(C). 28169/2020
AGAINST THE JUDGMENT DATED 23.03.2021 IN
WP(C) 28169/2020(U) OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 3 & 4 IN WP(C):
1 P.G.UNNIKRISHNAN, AGED 46,
S/O.LATE P.G.GOVINDAN,ELLYATHU,
ABHIRAMAM, THIRUVONAM NAGAR,
COCHIN UNIVERSITY P.O., ERNAKULAM 682 022.
2 SMITHA ELAYATH VASUDEVAN, AGED 43,
W/O.P.G.UNNIKRISHNAN, ABHIRAMAM,
THIRUVONAM NAGAR, COCHIN UNIVERSITY P.O.,
ERNAKULAM DISTRICT - 682 022.
BY ADVS.
SRI.R.LAKSHMI NARAYAN
SMT.R.RANJANIE
RESPONDENTS/PETITIONERS & RESPONDENTS 1 &2 IN WP(C):
1 M/S.SHWAS HOMES PVT. LTD.,
GROUND FLOOR, MYSTIC HEIGHTS PHASE-1,
KANIYAMPUZHA ROAD, EROOR P.O., PIN-682036,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR.SREENI PARAMESWARAN, AGED 45,
S/O.M.G.PARAMESWARAN, DOOR NO.7/42-B5,
VILLA NO.1, MYSTIC BELLS, KANIYAMPUZHA,
EROOR P.O., PIN-682 306.
2 MR.SREENI PARAMESWARAN, AGED 45,
S/O.M.G.PARAMESWARAN NAIR, MANAGING DIRECTOR,
M/S.SHWAS HOMES PVT.LTD., RESIDING AT
DOOR NO.7/42-B5, VILLA NO.1, MYSTIC BELLS,
KANIYAMPUZHA, EROOR P.O., PIN-682 306.
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT,
RP Nos.338 & 339/2021
:2 :
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
4 THE REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS CHAIRMAN, SWARAJ BHAVAN,
5TH FLOOR, NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN-695 001.
R1-R2 BY ADV.SRI.G.SREEKUMAR CHELUR
R3-R4 BY SR. G.P. SRI. P.NARAYANAN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
09.04.2021, ALONG WITH RP.339/2021, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
RP Nos.338 & 339/2021
:3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 09TH DAY OF APRIL 2021/19TH CHAITHRA, 1943
RP.No.339 OF 2021 IN WP(C). 27217/2020
AGAINST THE JUDGMENT DATED 23.03.2021 IN
WP(C) 27217/2020(B) OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT IN WP(C):
MOON WATERS OWNERS ASSOCIATION
REPRESENTED BY ITS SECRETARY
MR.MADHAVAN UNNI, S/O.NARAYANAN KUTTY,
FLAT NO.21D, MOON WATERS, AQUACITY,
ADUVANTHURUTH, ALANGAD P.O.,
KOTTAPURAM-683 511.
BY ADVS.
SRI.R.LAKSHMI NARAYAN
SMT.R.RANJANIE
RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 2 IN WP(C):
1 M/S.SHWAS HOMES PVT. LTD., GROUND FLOOR,
MYSTIC HEIGHTS PHASE-1, KANIYAMPUZHA ROAD,
EROOR P.O., PIN-682 036, REPRESENTED BY
ITS MANAGING DIRECTOR, MR.SREENI PARAMESWARAN,
AGED 45, S/O.M.G.PARAMESWARAN, DOOR NO.7/42-
B5, VILLA NO.1, MYSTIC BELLS, KANIYAMPUZHA,
EROOR P.O., PIN-682 306.
2 MR.SREENI PARAMESWARAN, AGED 45,
S/O.M.G.PARAMESWARAN NAIR,
MANAGING DIRECTOR, M/S.SHWAS HOMES PVT.LTD.,
RESIDING AT DOOR NO.7/42-B5, VILLA NO.1,
MYSTIC BELLS, KANIYAMPUZHA,
EROOR P.O., PIN-682306.
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
RP Nos.338 & 339/2021
:4 :
LOCAL SELF GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
4 THE REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS CHAIRMAN, SWARAJ BHAVAN,
5TH FLOOR, NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN-695001.
R1-R2 BY ADV.SRI.G.SREEKUMAR CHELUR
R3-R4 BY SR. G.P. SRI. P.NARAYANAN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
09.04.2021, ALONG WITH RP.338/2021, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
RP Nos.338 & 339/2021
:5 :
ORDER
~~~~~~
Dated this the 9th day of April, 2021
In these review petitions, the review petitioners
state that the consensus among the contesting parties as
regards continuance of the interim order of this Court was only
up to the date on which the maintainability and jurisdiction of
the writ petitions are decided by the Real Estate Regulatory
Authority. However, in the judgment, this Court erroneously
directed that the interim order passed by this Court will
continue till the Authority takes a final decision on the
complaints.
2. Heard.
3. It is agreed by the parties at the Bar that the
general consensus among them was that the interim order
passed by this Court shall continue till the Authority decides
the question of maintainability of the complaints.
RP Nos.338 & 339/2021
4. The learned counsel for the petitioner in W.P.(C)
No.28145/2020 would submit that the petitioner therein also
proposes to file a review petition and therefore the corrections
can be made in the judgment as prayed for in these review
petitions.
5. In the circumstances of the case, the review
petitions are disposed of substituting the last line of the
judgment as follows:-
The interim orders passed by this Court will
continue to enure to the benefit of the writ petitioners till the
Authority takes a final decision on the maintainability and
jurisdiction of the complaints in question.
Sd/-
N. NAGARESH, JUDGE
aks/09.04.2021
