Devasia E.K vs The Permanent Lok Adalath
2023 Latest Caselaw 3921 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 8527 OF 2019
PETITIONER:

          DEVASIA E.K.,
          S/O YOHANNAN, EATTIKKAL VEEDU, ERATTAYAR NORTH P.O.,
          IDUKKI DISTRICT-685514.
          BY ADVS.
          A.A.SHIBI
          SRI.D.B.BINU


RESPONDENTS:

    1     THE PERMANENT LOK ADALATH,
          ERNAKULAM, REPRESENTED BY ITS REGISTRAR, GROUND
          FLOOR,   ADR CENTRE, DISTRICT COURT ANNEX PREMISES,
          KALOOR,    KOCHI-17.
    2     B.K. MURALEEDHARAN NAIR,
          BHADRA VILASAM VEEDU, NATHUKALLU KARA, KATTAPPANA
          VILLAGE, UPPUKANDAM P.O., IDUKKI DISTRICT-685514.
              ADV. SRI.M.V.RAJENDRAN NAIR



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.8527/2019              :2:




                             JUDGMENT

The question that arises for consideration in this writ petition is

as to whether the Permanent Lok Adalat ('Lok Adalat', for short)

constituted under the Legal Services Authorities Act, 1987, has

jurisdiction to entertain Ext. P1 complaint by the advent of the Real

Estate (Regulation and Development) Act, 2016 (in short, "RERA").

2. Short facts leading to the filing of the writ petition are as

follows:

The petitioner is a building contractor. The 2nd respondent

entered into a contract with the petitioner for construction of a

residential building in his property. Contending that amounts are due

from the 2nd respondent, the petitioner approached the Lok Adalat by

Ext. P1 complaint for direction to the 2nd respondent to pay the

balance amount due under the contract and for ancillary reliefs.

3. The 2nd respondent filed Ext.P2 objection and counterclaim.

4. The petitioner filed Ext. P3 objection to the counterclaim of

the 2nd respondent.

5. The Lok Adalat conducted conciliation as per Section 22C(4)

of the Legal Services Authorities Act, 1987 and since the matter was

not settled, the Lok Adalat proceeded with the case and considered the

maintainability of Ext. P1 complaint as preliminary issue in view of

the enactment of RERA and as per Ext.P4 order, held that the Lok

Adalat has no jurisdiction to entertain the same after coming into

force of RERA and returned the complaint to the petitioner for

presentation before the appropriate forum.

6. The plea of the petitioner in this writ petition is that Ext. P1 is

maintainable before the Lok Adalat and seeks to quash Ext.P4. The

petitioner has also sought for a direction to the Lok Adalat to take

Ext. P1 complaint back to file and consider the same on merits.

7. Heard the counsel for the petitioner and the learned counsel

for the 2nd respondent.

The question as to whether the jurisdiction of the Permanent Lok

Adalat constituted under the Legal Services Authorities Act, 1987 is

ousted by the advent of the RERA was considered by a Division

Bench of this Court in Santhosh T.N v. Permanent Lok Adalath

[2023 (2) KHC 1] wherein it was held that RERA does not exclude

jurisdiction of the Permanent Lok Adalat to entertain and decide

disputes relating to 'housing and real estate service.'

In the light of the said decision, Ext. P4 order is set aside. The 1 st

respondent is directed to take Ext. P1 complaint back to file, if

presented by the petitioner within one month from today and consider

the same on merits along with counterclaim, if any, with notice to the

parties, expeditiously.

The writ petition is allowed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX OF WP(C) 8527/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PETITION O.P.216/2017, FILED BEFORE THE 1ST RESPONDENT DATED 3.8.2017. EXHIBIT P2 TRUE COPY OF OBJECTION AND COUNTER CLAIM FILED BY THE RESPONDENT IN EXHIBIT P1 DATED 28.12.2017.

EXHIBIT P3 TRUE COPY OF OBJECTION TO THE COUNTER CLAIM FILED BY THE PETITIONER IN EXHIBIT P2 DATED 4.1.2018 EXHIBIT P4 TRUE COPY OF ORDER DATED 11.2.2019 IN O.P.216/2017 OF THE PERMANENT LOK ADALATH, ERNAKULAM EXHIBIT P5 TRUE COPY OF NOTIFICATION DATED 16.2.2016.

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