Kerala High Court
M/S. Shwas Homes Pvt. Ltd vs The State Of Kerala on 23 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.27217 OF 2020(B)
PETITIONERS:
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-682306.
2 MR.SREENI PARAMESWARAN,
AGED 45 YEARS,
S/O.M.G.PARAMESWARAN NAIR,
MANAGING DIRECTOR,
M/S.SHWAS HOMES PVT.LTD.,
RESIDING AT DOOR NO.7/42-N.5,
VILLA NO.1, MYSTIC BELLS,
KANIYAMPUZHA, EROOR P.O., PIN-682306.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
SWARAJ BHAVAN, 5TH FLOOR,
NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN-695001.
WP(C) Nos.27217, 28145 & 28169/2020
:2 :
3 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-683511.
R2 BY SRI.P.NARAYANAN, SR. GOVERNMENT PLEADER
R3 BY ADV. SRI.R.LAKSHMI NARAYAN
R3 BY ADV. SMT.R.RANJANIE
R3 BY ADV. SRI.P.K.SREEVALSAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.03.2021, ALONG WITH WP(C).28145/2020(P),
WP(C).28169/2020(U), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos.27217, 28145 & 28169/2020
:3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.28145 OF 2020(P)
PETITIONERS:
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 NAIR,
DOOR NO.7/42-B5, VILLA NO 1,
MYSTIC BELLS,
KANIYAMPUZHA,
EROOR P.O., PIN-682 306.
2 MR. SREENI PARAMESWARAN,
AGED 45 YEARS,
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.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
WP(C) Nos.27217, 28145 & 28169/2020
:4 :
2 THE REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
SWARAJ BHAVAN, 5TH FLOOR,
NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN-695 001.
3 AQUACITY PALMBAY VILLAS OWNERS/
RESIDENTS ASSOCIATION,
AQUACITY KOTTTAPURAM,
ALANGAD P.O., ALUVA-683 511,
REPRESENTED BY ITS PRESIDENT PAUL KURIAN,
S/O KORA KURAIN ANGADIATH,
AGED 71, VILLA NO.22,
PALMBAY VILLAS AQUACITY,
ADUVATHURUTHU, ALANGAD P.O.,
KOTTAPURAM,
ERNAKULAM DISTRICT-683 511.
R3 BY ADV. SRI.C.P.MOHAMMED NIAS
R3 BY ADV. SRI.S.AJITH (PALAKKAD)
R3 BY ADV. SMT.V.NAMITHA
R2 BY SRI.P.NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.03.2021, ALONG WITH WP(C).27217/2020(B),
WP(C).28169/2020(U), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos.27217, 28145 & 28169/2020
:5 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.28169 OF 2020(U)
PETITIONERS:
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 NAIR,
DOOR NO.7/42-B.5, VILLA NO.1,
MYSTIC BELLS,
KANIYAMPUZHA,
EROOR P.O., PIN - 682 306.
2 Mr. SREENI PARAMESWARAN,
AGED 45 YEARS,
S/O. M.G.PARAMESWARAN NAIR,
MANAGING DIRECTOR,
M/S. SHWAS HOMES PVT.LTD.,
RESIDING AT DOOR NO.7/42-B.5,
VILLA NO.1, MYSTIC BELLS,
KANIYAMPUZHA,
EROOR P.O., PIN- 682 306.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
WP(C) Nos.27217, 28145 & 28169/2020
:6 :
2 THE REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
SWARAJ BHAVAN, 5TH FLOOR,
NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695 001.
3 P.G.UNNIKRISHNAN,
AGED 46 YEARS,
S/O. P.G.GOVINDAN ELAYATH,
ABHIRAMAN, THIRUVONAM NAGAR,
COCHIN UNIVERSITY P.O.,
ERNAKULAM DISTRICT - 682 022.
4 SMITHA ELAYATH VASUDEVAN,
AGED 43 YEARS,
W/O. P.G.UNNIKRISHNAN,
ABHIRAMAM, THIRUVONAM NAGAR,
COCHIN UNIVERSITY P.O.,
ERNAKULAM DISTRICT - 682 022,
KOTTAPURAM - 683 511.
R3-4 BY ADV. SRI.R.LAKSHMI NARAYAN
R3-4 BY ADV. SMT.R.RANJANIE
R1-2 BY SR. GOVERNMENT PLEADER SRI.P.NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.03.2021, ALONG WITH WP(C).27217/2020(B),
WP(C).28145/2020(P), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos.27217, 28145 & 28169/2020
:7 :
JUDGMENT
~~~~~~~~~
Dated this the 23rd day of March, 2021
[W.P.(C)Nos.27217, 28145, 28169 of 2020]
The 1st petitioner in all these three writ petitions is a
Company engaged in the development of land and
construction of multistoried residential apartments and villas.
The petitioners are before this Court aggrieved by Exts.P5 and
P7 orders dated 04.11.2020 and 30.11.2020 of the Kerala
Real Estate Regulatory Authority, in Complaint Nos.115/2020,
116/2020 and 117/2020.
2. The 1st petitioner started a project of township
called "Aqua City" proposing to construct 10 towers of
residential apartments and 68 residential villas in a phased
manner. Six apartments and 54 villas have already been
completed. The 3rd respondent in W.P.(C) No.28145/2020,
the Aquacity Palmbay Villas Owners/Residents Association
and certain other owners filed Complaint Nos.115/2020,
116/2020 and 117/2020 before the Kerala Real Estate
WP(C) Nos.27217, 28145 & 28169/2020
Regulatory Authority (RERA), against the petitioners seeking
to register the project with the RERA.
3. Though the petitioners filed objections in the
Complaints and questioned maintainability of Complaints and
locus standi of the complainants, the Authority as per Ext.P5
order dated 04.11.2020 in Complaint Nos.115/2020, 116/2020
and 117/2020 decided to issue notice to the petitioners
requiring to show-cause why the projects of the 1 st petitioner
have not been registered with the RERA till date. On
30.11.2020, the Authority passed Ext.P7 interim order, giving
the following directions:-
"(1) The respondent shall file a sworn affidavit
dealing about the list of works to be completed in the
project and time of completion and handing over the
project in all respects as committed to the
Complainants as per the agreements executed with
them along with a clear work schedule, at least 2 days
prior to next hearing date.
(2) The respondents are hereby restrained from
obstructing the Complainants from their free ingress
and egress to their plots and from using the common
areas of the project."
The petitioners challenge Exts.P5 and P7 orders dated
04.11.2020 and 30.11.2020 respectively of the Authority.
WP(C) Nos.27217, 28145 & 28169/2020
4. When these writ petitions came up for admission,
this Court passed interim orders staying further proceedings in
pursuance of the orders of the Authority impugned in the writ
petitions.
5. When these writ petitions came up for hearing
today, the learned counsel for the contesting respondents in
the writ petitions submitted that these writ petitions may be
disposed of directing the Authority to decide the question of
maintainability of Complaint Nos.115/2020, 116/2020 and
117/2020 and locus standi of the complainants within a time
frame and to dispose of the Complaints expeditiously. The
counsel for the petitioners agreed to the said course and
prayed that interim orders passed by this Court may be
continued till the Authority takes a final decision in the
Complaints.
6. The Real Estate Regulatory Authority constituted
under Section 20 of the Real Estate (Regulation and
Development) Act, 2016 is indeed competent to decide the
maintainability of the Complaints filed before the Authority and
WP(C) Nos.27217, 28145 & 28169/2020
the locus standi of the complainants. In the circumstances,
these writ petitions can be disposed of directing the Authority
to decide the preliminary issues within a time frame.
The writ petitions are therefore disposed of
directing the Kerala Real Estate Regulatory Authority,
Thiruvananthapuram to consider the question of
maintainability of Complaint Nos.115/2020, 116/2020 and
117/2020 and locus standi of the complainants as preliminary
issues, within a period of one month from the next posting
date of the Complaints. The parties to the Complaints shall
appear before the Authority on 29.03.2021. The Authority may
finally dispose of the Complaints after deciding the preliminary
issues, expeditiously. The interim orders passed in these writ
petitions will continue to enure to the benefit of the writ
petitioners till the Authority takes a final decision on the
Complaints.
Sd/-
N. NAGARESH, JUDGE
aks/24.03.2021
WP(C) Nos.27217, 28145 & 28169/2020
APPENDIX OF WP(C) 27217/2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED
DATED 06.10.2020 ISSUED BY KARUMALOOR
PANCHAYATH.
EXHIBIT P2 A TRUE COPY OF THE ORDER PASSED IN
I.A.NO.2793 OF 2019 IN O.S.NO.572 OF
2019 DATED 13.1.2020 ON THE FILE OF
THE MUNSIFF COURT, NORTH PARUR.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT WITHOUT
EXHIBITS DATED 11.02.2020 BEFORE THE
2ND RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER HEREIN THE COMPLAINT
NO.115 OF 2020 BEFORE THE REGULATORY
AUTHORITY (WITHOUT EXHIBITS) DATED
09.10.2020.
EXHIBIT P5 A TRUE COPY OF THE ORDER PASSED DATED
04.11.2020 BY THE 2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE INTIMATION DATED
27.11.2020.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED
30.11.2020 BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R3(a) THE TRUE COPY OF THE COMPLAINT NO.115
OF 2020.
EXHIBIT R3(b) THE TRUE C0PY OF THE REPLY AFFIDAVIT
FILED BY THIS RESPONDENT IN EXT. P3
COMPLAINT.
WP(C) Nos.27217,28145,28169/2020
APPENDIX OF WP(C) 28145/2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED
DATED 06.10.2020 ISSUED BY KARUMALLOOR
PANCHAYATH
EXHIBIT P2 A TRUE COPY OF THE ORDER PASSED IN IA
NO.2793 OF 2019 IN OS NO.572 OF 2019
DATED 13.1.2020 ON THE FILE OF THE
MUNSIFF COURT. NORTH PARUR
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT (WITHOUT
EXHIBITS) DATED 11.2.2020 BEFORE THE
2ND RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER HEREIN IN THE COMPLAINT
NO.116 OF 2020 BEFORE THE REGULATORY
AUTHORITY (WITHOUT EXHIBITS) DATED
10.10.2020
EXHIBIT P5 A TRUE COPY OF THE ORDER PASSED DATED
4.11.2020 BY THE 2ND RESPONDNET
EXHIBIT P6 A TRUE COPY OF THE INTIMATION DATED
27.11.2020
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED
30.11.2020 BY THE 2ND RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE INTERIM ORDER
PASSED IN WPC NO 27217 OF 2020 DATED
7.12.2020 BY THIS HON'BLE COURT
WP(C) Nos.27217,28145,28169/2020
APPENDIX OF WP(C) 28169/2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED
06/10/2020 ISSUED BY KARUMALLOOOR
PANCHAYATH.
EXHIBIT P2 A TRUE COPY OF THE ORDER PASSED IN IA
NO.2793 OF 2019 IN OS NO.572 OF 2019
DATED 13/1/2020 ON THE FILE OF THE
MUNSIFF COURT, NORTH PARUR.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT WITHOUT
EXHIBITS DATED 11/2/2020 BEFORE THE
2ND RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER HEREIN IN THE COMPLAINT
NO.117 OF 2020 BEFORE THE REGULATORY
AUTHORITY (WITHOUT EXHIBITS) DATED
9/10/2020.
EXHIBIT P5 A TRUE COPY OF THE ORDER PASSED DATED
4/11/2020 BY THE 2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE INTIMATION DATED
27/11/2020.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED
30/11/2020 BY THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE INTERIM ORDER
PASSED IN WPC NO.27217 OF 2020 DATED
7/12/2020
SR
