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T.N.Chandrasekharan Nair vs Sree Nakshatra Projects And ...
2021 Latest Caselaw 6146 Ker

Citation : 2021 Latest Caselaw 6146 Ker
Judgement Date : 19 February, 2021

Kerala High Court
T.N.Chandrasekharan Nair vs Sree Nakshatra Projects And ... on 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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