Citation : 2021 Latest Caselaw 6146 Ker
Judgement Date : 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.4428 OF 2021
PETITIONERS:
1 T.N.CHANDRASEKHARAN NAIR,
AGED 64 YEARS,
S/O. LATE SRI K.N.N NAIR, VILLA NO. 1,
NAKSHATRA GALAXY, SOCIETY JUNCTION, POWDIKONAM P.O,
THIRUVANANTHAPURAM - 695 587.
2 SAJEEV M.S,
S/O. M.A SANKARANKUTTY, VILLA NO.60,
NAKSHATRA GALAXY, SOCIETY JUNCTION, POWDIKONAM P.O,
THIRUVANANTHAPURAM - 695 587.
3 PRATHEESH KUMAR,
S/O.M.KAMALOBHAVAN, VILLA NO.65,
NAKSHATRA GALAXY, SOCIETY JUNCTION,
POWDIKONAM P.O., THIRUVANANTHAPURAM - 695 587.
BY ADV. SRI.M.R.RAJESH
RESPONDENTS:
1 SREE NAKSHATRA PROJECTS AND DEVELOPERS (PVT.) LTD.
HAVING ITS REGISTER OFFICE AT MIDHUN'S PLAZA,
NALUMUKKU JUNCTION, PATTOOR, PATTAH P.O,
THIRUVANANTHAPURAM, PIN - 695 024,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 MIDHUN MARKOSE BUILDERS AND DEVELOPERS INDIA PVT LTD,
HAVING ITS REGISTERED OFFICE AT DOOR NO. 2, 93/1686/4
TO 12, MIDHUN PLAZA, NALUMUKKU JUNCTION, PATTOR P.O,
THIRUVANANTHAPURAM - 695 024, REPRESENTED BY ITS
MANAGING DIRECTOR.
3 REYAN MARKOSE, S/O.REYAN,
MANAGING DIRECTOR,
SREE NAKSHATRA PROJECTS AND DEVELOPERS (PVT) LTD,
93/1686/4 TO 12, MIDHUN PLAZA, NALUMUKKU JUNCTION,
PATTOOR P.O, THIRUVANANTHAPURAM - 695 024.
4 THE MUNICIPAL CORPORATION OF THIRUVANANTHAPURAM,
CORPORATION OFFICE, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695 033,
REPRESENTED BY ITS SECRETARY
WP(C).No.4428 OF 2021 (C)
2
5 THE SECRETARY,
MUNICIPAL CORPORATION OF THIRUVANANTHAPURAM,
CORPORATION OFFICE, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695 033.
6 THE CHIEF TOWN PLANNER ,
OFFICE OF THE CHIEF TOWN PLANNEER, 2ND FLOOR,
SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O,
THIRUVANANTHAPURAM - 695 003.
7 THE KERALA REAL ESTATE REGULATORY AUTHORITY,
SWARAJ BHAVAN, 5TH FLOOR, NANTHANCODE, KOWDIAR P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695 003, P
HONE 9497680600 EMAIL: [email protected]
REPRESENTED BY ITS CHAIRMAN
BY ADV. SRI.P.NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4428 OF 2021 (C)
3
JUDGMENT
The petitioners are aggrieved by
the inaction of the 7th respondent in
advancing the posting of Complaint
no.238/2020, on account of the emergent
situation arising out of disconnection of
electricity.
2. The learned counsel for the
petitioner submits that the case is not
being advanced on the ground that there is
no such procedure.
3. I heard Sri.P.Narayanan, learned
Senior Government Pleader for the 7th
respondent also.
4. Since the petitioners have pointed
out emergent requirement of orders, it is
only appropriate that the 7th respondent
takes up the matter in advance as WP(C).No.4428 OF 2021 (C)
requested by the petitioners and to
consider the same with notice to both the
parties.
Therefore there shall be a
direction to the 7th respondent to take up
Exts.P2 and P3 I.As at the earliest
opportunity, if possible next week itself.
Accordingly, the writ petition is
disposed of.
Sd/-
P.V.ASHA JUDGE WW WP(C).No.4428 OF 2021 (C)
APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 13-11-2020 IN COMPLAINT NO.238/2020 OF THE HON'BLE RERA.
EXHIBIT P2 A TRUE COPY OF THE UNNUMBERED PETITION FOR DIRECTION FILED WITH THE PETITIONERS ON 11- 02-2021 IN COMPPLAINT NO.238/2020 OF THE KERALA RERA.
EXHIBIT P3 A TRUE COPY OF THE UNNUMBERED PETITION FOR ADVANCE FILED WITH THE PETITIONERS ON 11- 02-2021 IN COMPLAINT NO.238/2020 OF THE KERALA RERA.
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