Aquacity Palmbay Villasn ... vs M/S.Shwas Homes Pvt. Ltd
2021 Latest Caselaw 16791 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                     RP NO. 428 OF 2021
    AGAINST THE JUDGMENT IN WP(C) NO. 28145/2020 DATED
        23.03.2021 OF HIGH COURT OF KERALA, ERNAKULAM
REVIEW PETITIONER/3RD RESPONDENT IN W.P.(C):

          AQUACITY PALMBAY VILLAS OWNERS/RESIDENTS
          ASSOCIATION,
          AQUACITY KOTTAPURAM, ALANGAD P.O.,
          ALUVA - 683511
          REPRESENTED BY ITS PRESIDENT PAUL KURIAN,
          S/O. KORA KURIAN ANGADIATH,
          AGED 71 YEARS, VILLA NO.22,
          PALMBAY VILLAS AQUACITY,
          ADUVATHURUTHU, ALANGAD P.O.,
          KOTTAPURAM, ERNAKULAM DISTRICT - 683 511

          BY ADV C.P.MOHAMMED NIAS


RESPONDENTS/PETITIONERS AND RESPONDENTS 1 & 2 IN W.P.(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 NAIR,
          DOOR NO.7/42-B5, VILLA NO.1,
          MYSTIC BELLS, KANIYAMPUZHA,
          EROOR P.O., PIN-682 036

    2     SREENI PARAMESWARAN,
          AGED 45, S/O.M.G.PARAMESWARAN NAIR,
          MANAGING DIRECTOR, M/S.SHWAS HOMES PVT. LTD.,
          DOOR NO.7/42-B5, VILLA NO.1,
          MYSTIC BELLS, KANIYAMPUZHA,
          EROOR P.O., PIN-682 036

    3     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          LOCAL SELF GOVERNMENT SERCRETARIAT,
          THIRUVANANTHAPURAM, PIN-695001
 RP.428/2021 in WP(C) No.28145/2020
                                     :2 :


     4      THE REAL ESTATE REGULATORY AUTHORITY,
            REPRESENTED BY ITS CHAIRMAN,
            SWARAJ BHAVAN, 5TH FLOOR,
            NANTHANCODE, KOWDIAR P.O.,
            THIRUVANANTHAPURAM, PIN-695001

            BY GOVERNMENT PLEADER SRI.SYAMANTHAK B.S
            SRI.G.SREEKUMAR

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:



SR
 RP.428/2021 in WP(C) No.28145/2020
                                     :3 :




                              ORDER

~~~~~~

Dated this the 11th day of August, 2021

In this review petition, the review petitioner states

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

petition 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 to the writ petition 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.428/2021 in WP(C) No.28145/2020

4. In the circumstances of the case, the review petition

is 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/11.08.2021