M/S. Galaxy Homes Pvt. Ltd vs State Of Kerala
2023 Latest Caselaw 6719 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

          TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945

                             WP(C) NO. 19866 OF 2023

PETITIONER/S:

     1          M/S. GALAXY HOMES PVT. LTD.
                AGED 52 YEARS
                GALAXY SQUARE, RAJAJI ROAD JUNCTION, M.G. ROAD, ERNAKULAM,
                PIN: 682 035 REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
                682035
     2          P.A. JINAS
                AGED 52 YEARS
                MANAGING DIRECTOR, GALAXY HOMES PVT. LTD., RAJAJI ROAD
                JUNCTION, M.G.ROAD, ERNAKULAM, PIN: 682 035, PIN - 682035
                BY ADVS.
                K.R.VINOD
                M.S.LETHA
                NABIL KHADER
                CHITHRA C.EDADAN
                MOHAMMED RAZALI K.A
                YEDHU KRISHNAN V.J.
                LOVEWIN VINU


RESPONDENT/S:

     1          STATE OF KERALA
                REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
                DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN:695 001,
                PIN - 695001
     2          REAL ESTATE APPELLATE TRIBUNAL
                KURUVI BUILDING, ST.VINCENT ROAD, KACHERIPADY, KOCHI, REP.
                BY ITS REGISTRAR, PIN: 682 018., PIN - 682018
     3          SURESH KUMAR P.R.
                (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
                PUTHUSSERIL HOUSE, POOVARANY P.O., PALA, KOTTAYAM, PIN:
                685 577., PIN - 685577

OTHER PRESENT:

                SRI.B.S.SYAMANTAK, GP. SRI.C.M.NAZAR, SC



         THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 19866 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 19866 of 2023
                         =============================================================

                       Dated this the 20th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

(i) call for the records pertaining to Ext.P4 order of the Kerala Real Estate Appellate Tribunal and quash the same by issuing writ of certiorari and allow Ext.P3 petition filed by the petitioners before the Kerala Real Estate Appellate Tribunal, Ernakulam.

(ii) Issue any other writ or direction appropriate in the circumstances of this case.

(iii)To dispense with the filing of translation of vernacular documents.

2. The writ petition is filed challenging Ext.P4 order

passed by the Kerala Real Estate Appellate Tribunal, Ernakulam.

3. Admittedly, the petitioners have got a remedy by filing

an appeal under Section 58 of the Real Estate (Regulation and

Development) Act against Ext.P4 order. If that be so, this writ

petition need not be entertained.

W.P.(C). No. 19866 of 2023

Granting liberty to the petitioners to file appeal in

accordance to law, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE shg

W.P.(C). No. 19866 of 2023

APPENDIX OF WP(C) 19866/2023

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE ORDER OF THE DATED 29.11.2022 OF KERALA REAL ESTATE REGULATORY AUTHORITY IN COMPLAINT NO.143/2022 Exhibit P2 THE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONERS BEFORE THE KERALA REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM IN APPEAL NO.16/2023 Exhibit P3 THE COPY OF I.A.NO.21/2023 FILED BY THE PETITIONERS BEFORE THE KERALA REAL ESTATE APPELLATE TRIBUNAL Exhibit P4 THE COPY OF THE ORDER OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM DATED 14.03.2023