C.J'S Haritha Homes vs Sri. C.R.Suresh
2022 Latest Caselaw 468 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                      RP NO. 41 OF 2022
 AGAINST THE ORDER/JUDGMENT IN WP(C) 5870/2020 OF HIGH COURT
                           OF KERALA
REVIEW PETITIONERS/PETITIONERS:

    1     C.J'S HARITHA HOMES
          SQUARE CENTRE, ATHIRAMPUZHA PO., PADINJATTUMBHAGAM
          KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM-686562.
    2     KUMAR.D.,
          MANAGING PARTNER, M/S.C.JS HARITHA HOMES, SQUARE
          CENTRE, ATHIRAMPUZHA PO., PADINJATTUMBHAGAM KARA,
          ATHIRAMPUZHA VILLAGE, KOTTAYAM-686562.
    3     SHEEJA S. KUMAR,
          PARTNER, M/S.C.JS HARITHA HOMES, SQUARE CENTRE,
          ATHIRAMPUZHA PO., PADINJATTUMBHAGAM KARA,
          ATHIRAMPUZHA VILLAGE, KOTTAYAM-686562.
          BY ADVS.
          MATHEW JOHN (K)
          ABY J AUGUSTINE

RESPONDENTS/RESPONDENTS:

    1     SRI. C.R.SURESH
          S/O.RAGHAVAN, CHIRAYIL HOUSE, KOTTAYAM.P.O.,
          PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE,
          KOTTAYAM-686001.
    2     THE KERALA REAL ESTATE REGULATORY AUTHORITY,
          THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY
          (LEGAL), SWARAJ BHAVAN, 5TH FLOOR, NANDANCODE,
          KOWDIYAR.P.O., THIRUVANANTHAPURAM-695003.
OTHER PRESENT:

          SRI.C.S.MANILAL FOR RESPONDENT,
          SRI.C.M.NAZAR FOR R2


     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP No.41/2022

                                2




                 P.V.KUNHIKRISHNAN, J.
                  --------------------------------
                      R.P.No.41 of 2022
                                 in
                 W.P(C). No.5870 of 2020
           ----------------------------------------------
         Dated this the 13th day of January, 2022


                            ORDER

This review petition is filed seeking an order to review

the judgment dated 07.12.2021 in W.P.(C). No.5870 of 2020.

According to the petitioners, the judgment sought to be

reviewed happened to pass because of the fact that neither the

petitioners nor their counsel was aware of Section 43(5) of the

Real Estate (Regulations and Developments) Act, 2016 by

which pre-deposit of the amount is necessary. The learned

counsel for the petitioners takes me through Rule 37(2)(e) of

the Real Estate (Regulation and Development) Rules, 2018 and

also takes me through Ext.P2 notice and Ext.P6 order passed

by the authority. Exts.P2 and P6 are on the same day. The

above point is not considered by this Court while passing the

judgment.

RP No.41/2022

2. Considering the entire facts and circumstances of

the case and also in the light of the submission by the learned

counsel for the petitioners that it is a mistake committed by

him while arguing the writ petition, I think, in the interest of

justice, the review petition can be allowed and the judgment

passed in the writ petition can be recalled.

Therefore, the review petition is allowed and the

judgment dated 07.12.2021 in W.P.(C). No.5870 of 2020 is

recalled.

Issue a copy of this order today itself.

Sd/-

                                           P.V.KUNHIKRISHNAN
JV                                                JUDGE