Tritvam Apartment Owners ... vs State Of Kerala
2021 Latest Caselaw 8208 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

                      WP(C).No.24053 OF 2020(F)


PETITIONER:

               TRITVAM APARTMENT OWNERS ASSOCIATION,
               TRITVAM APARTMENTS, AYYAPPANKAVU, ERNAKULAM,
               KERALA 682 018.
               (AN APARTMENT REGISTERED UNDER THE KERALA APARTMENT
               OWNERSHIP ACT OF 1983)
               REPRESENTED BY ITS SECRETARY,
               SUNIL KUMAR PANKAJAKSHNAN, AGD 52,
               S/O. N.PANKAJAKSHNAN, RESIDING AT T3 8D TRITVAM,,
               GOSHREE PACHALAM LINK ROAD, MARINE DRIVE.

               BY ADVS.
               SRI.JOHNSON GOMEZ
               SRI.C.UNNIKRISHNAN (KOLLAM)
               SHRI.JOHN GOMEZ
               SHRI.ADIL.M.H
               SHRI.ALINT JOSEPH

RESPONDENTS:

      1        STATE OF KERALA,
               SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARIAT,
               THIRUVANANTHAPURAM, KERALA -695 001.

      2        DEPUTY COLLECTOR (DISASTER MANAGEMENT),
               DISTRICT COLLECTORATE, FIRST FLOOR CIVIL STATION,
               KAKKANAD, ERNAKULAM, KERALA, PIN-682 030, (COMPETENT
               AUTHORITY UNDER THE APARTMENT OWNERSHIP ACT 1983)

      3        TATA REALTY AND INFRASTUCTURE LIMITED (TRIL),
               GOSHREE PACHALAM LINK ROAD,
               MARINE DRIVE, KOCHI-682 018,
               REPRESENTED BY ITS MANAGER

               BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24053 OF 2020(F)

                                        2


                                    JUDGMENT

The writ petition was filed seeking

the following reliefs:

"a) To declare that the petitioner association has been formed under the Kerala Apartment Ownership Act, in view of the registration of Exhibit P4 documents before the Sub- Registrar Office, Ernakulam and production of the same before the 2nd respondent in accordance with the provisions contained in Section 11(2) and 12(2) of the Act.

b) To issue a writ of mandamus or any other appropriate writ order or direction compelling and commanding the second respondent to issue a Registration Number for the Petitioner Association and to issue a certificate acknowledging the receipt documents in compliance with Section 11(2) and 12(2) of the Act, so as to enable the Petitioner Association to perform its functions in accordance with the bylaws and the provisions of the Act.

c) To issue a writ of mandamus or any other appropriate writ order or direction compelling in commanding the second respondent to consider Exhibit P2 Representation and pass appropriate orders thereon in accordance with the law and within a time frame that this on the court may consider appropriate." WP(C).No.24053 OF 2020(F)

2. On 25.01.2021, this Court passed

the following order:

"There shall be a direction to the 2nd respondent to issue a certificate to the petitioner indicating the reference number as required in Form B of the Kerala Apartments Ownership Rules, 1994, within a period of three days."

In the light of the aforesaid

interim order, no further orders are

necessary in this writ petition.

Accordingly, the writ petition is

closed.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.24053 OF 2020(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGREEMENT FOR SALE ENTERED INTO BETWEEN THE 3RD RESPONDENT AND ONE OF THE ALLOTTEES OF THE APARTMENT COMPLEX 17.3.2017.

EXHIBIT P2 TRUE COPY OF THE LETTER NO.2068/2020/D4 DATED 14.02.2020 ISSUED BY THE 2ND RESPONDENT TO THE COUNSEL FOR THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 28.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM FORMULATED UNDER RULE 7 OF THE APARTMENT OWNERSHIP RULES ALONG WITH THE DECLARATION APPROVED BYLAWS AND DEED OF APARTMENTS OF 10 APARTMENTS.

EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.148/2014/RD DATED 13.03.2014.