Kerala High Court
Kent Mahal Apartment Owners ... vs State Of Kerala on 6 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 34824 OF 2014
PETITIONERS:
1 V.K. SANKARANKUTTY, AGED 72 YEARS
FLAT NO 2A,J M MANOR,KALOOR,COCHIN 17
2 J M MANOR FLAT OWNERS ASSOCIATION
J M MANOR,KALOOR,COCHIN 17
BY ADV SRI.JACOB MATHEW MANALIL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT,TRIVANDRUM
2 SECRETARY, MINISTRY OF LAW AND
HOUSING ,SECRETARIAT,TRIVANDRUM
3 INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF
REGISTRATION,TRIVANDRUM
4 THE DISTRICT REGISTRAR
DISTRICT REGISTRAR'S OFFICE,ERNAKULAM
5 SECRETARY, MUNICIPAL CORPORATION OF COCHIN,
COCHIN 11
BY ADVS
V.P.REJITHA (PUZHAKKALIDOM)
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, ALONG WITH WP(C)NOS.9317/2021, 18667/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 34824/14 & connected
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 9317 OF 2021
PETITIONER:
SHWAS HOMES PVT. LIMITED, GROUND FLOOR, SHWAS
MYSTIC HEIGHTS-I, KANIYAMPUZHA ROAD, EROOR P.O,
ERNAKULAM DISTRICT, PIN-682 306, REPRESENTED
BY ITS DIRECTOR SREENI PARAMESWARAN.
BY ADVS.
S.VINOD BHAT
KUM.ANAGHA LAKSHMY RAMAN
SMT.GREESHMA CHANDRIKA.R
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF REGISTRATION,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 INSPECTOR GENERAL OF REGISTRATION, OFFICE OF
THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR, THIRUVANANTHAPURAM-695 035.
3 DEPUTY COLLECTOR, (DISASTER MANAGEMENT)
(COMPETENT AUTHORITY UNDER THE APARTMENT
OWNERSHIP ACT), KAKKANAD, COLLECTORATE,
ERNAKULAM-682 030
4 THE SUB REGISTRAR, OFFICE OF THE SUB-REGISTRAR,
TRIPUNITHURA-682 301
5 THE DISTRICT REGISTRAR, (REGISTRAR OF SOCIETIES
UNDER THE TRAVANCORE COCHIN LITERARY SCIENTIFIC
AND CHARITABLE SOCIETIES ACT), OFFICE OF THE
DISTRICT REGISTRAR, ERNAKULAM.
6 MYSTIC HEIGHTS-3 APARTMENT OWNERS WELFARE
ASSOCIATION, KANIYAMPUZHA ROAD, EROOR SOUTH P.O,
REPRESENTED BY ITS SECRETARY, PIN-682 306
WPC 34824/14 & connected
3
7 VISWANATH SANKAR,(DELETED), S/O. LATE P.
VISWANATHAN, RESIDING AT APARTMENT NO. 12G,
MH3 APARTMENTS , KANIYAMPUZHA, EROOR-682 306.
(R7 IS DELETED FROM PARTY ARRAY AS PER ORDER
DATED 25-10-2021 IN I.A. 3/2021)
*8 SECRETARY TO GOVERNMENT
KERALA STATE HOUSING BOARD, SECRETARIAT,
THIRUVANANTHAPURAM.
(ADDL R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED
18-03-2022 IN WP(C) 9317/2021)
BY ADVS.
JOHNSON GOMEZ
S.BIJU (KIZHAKKANELA)
JOHN GOMEZ
SREEDEVI S.
SANJITH JOHNSON
DINOOP P.D.
M.R.RAJENDRAN NAIR (SR.)
SRI.RAJEEV JYOTHISH GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C)NO.34824/2014 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 34824/14 & connected
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 18667 OF 2022
PETITIONERS:
1 DANENDRAN GOPALAN, AGED 60 YEARS, SON OF
LATE GOPALAN SANKARAN, RESIDING AT D 4A,
WILLINGDON ENCLAVE, THEVARA FERRY ROAD,
THEVARA, COCHIN-682013.
2 SONI JOHN, AGED 51 YEARS, SON OF LATE V.J JOHN,
RESIDING AT B1C, WILLINGDON ENCLAVE, THEVARA
FERRY ROAD, THEVARA, COCHIN-682013.
BY ADVS.
K.LATHA
M.UMA DEVI
RESPONDENTS:
1 THE REGISTRAR OF ASSURANCES, (DISTRICT REGISTRAR)
EMAKULAM, PERUMPALLIL BUILDINGS, M.G.ROAD,
ERNAKULAM-682011
2 THE WILLINGDON ENCLAVE OWNERS ASSOCIATION
(WEOA) DULY REPRESENTED BY ITS SECRETARY,
SHRI. M.S NAIR, B-1A, WILLINGDON ENCLAVE,
THEVARA FERRY ROAD, THEVARA, COCHIN 682013.
3 DEPUTY COLLECTOR, (DISASTER MANAGEMENT),
DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, KERALA PIN-682030 (THE
COMPETENT AUTHORITY UNDER THE KERALA APARTMENT
OWNERSHIP ACT 1983)
4 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REGISTRATION, SECRETARIAT,
THIRUVANANTHAPURAM, KERALA-695001
*5 ADDL.R5: DR.REJI MATHEW , 67 YEARS,
S/O LATE PC MATHEW B12B, WILLINGDON ENCLAVE
WPC 34824/14 & connected
5
CHAKOLAS, HABITAT THEVARA.P.O., KOCHI- 682013
*6 ADDL.R6: GEORGE P.POOTHICOTE, ADVOCATE, 55 YEARS,
S/O.LATE P.G.GEORGE, C12B, WILLINGDON ENCLAVE
CHAKOLAS HABITAT, THEVARA P.O.,KOCHI-682013
*7 ADDL.R7: ABRAHAM K GEORGE , AGED 61 YEARS,
S/O G K ABRAHAM D11A , WILLINGDON ENCLAVE
CHAKOLAS HABITAT, THEVARA P.O.,KOCHI-682013
(ADDL R5 TO R7 ARE IMPLEADED AS PER ORDER DATED
06-01-2023 IN IA 3/2022 )
*8 MATHEW CHAKOLA, AGED ABOUT 60 YEARS, MANAGING
DIRECTOR, M/S CHAKOLAS HABITAT PRIVATE LIMITED,
THEVARA FERRY ROAD, THEVARA, ERNAKULAM
(ADDL R8 IS IMPLEADED AS PER ORDER IN IA NO.1/2023
DATED 06.02.2024)
BY ADVS.
TARA PREM
LAL K.JOSEPH
Uma Devi
NISHA G.THARAMAL
SARIMOL KAREETHARA
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
ANZIL SALIM
ADITHYA S. PUTHEZHATH
K.JAJU BABU (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C)NO.34824/2014 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 34824/14 & connected
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 20630 OF 2021
PETITIONERS:
1 C.S.KUMAR, AGED 75 YEARS, DOOR NO.180, BHADRA,
ORCHID GARDENS, THIRUVANKULAM P.O.,
THRIPPUNITHURA, ERNAKULAM DISTRICT-682 305.
2 PRABHAKARAN THAZHATHEKALATHIL, AGED 66 YEARS
CORAL REEF, MALOTH ROAD, THEVARA, KOCHI, NOW
RESIDING AT DEEPA PRABHA, N4-A10, CIDCO-PO,
AURANGABAD, MAHARASHTRA-431 001.
BY ADV A.K.HARIDAS
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY SECRETARY
TO GOVERNMENT, DEPARTMENT OF LAND REVENUE,
THIRUVANANTHAPURAM-695 001.
2 THE COMPETENT AUTHORITY UNDER KAOA AND THE DEPUTY
COLLECTOR (D AND M), DISTRICT COLLECTORATE, CIVIL
STATION, KAKKANAD P.O., ERNAKULAM-682 030.
3 TATA REALTY AND INFRASTRUCTURE LTD., GOSHREE-
PACHALAM LINK ROAD, MARINE DRIVE, KOCHI-682 018,
REPRESENTED BY ITS MANAGER.
4 TRITVAM APARTMENT OWNERS ASSOCIATION, TRITVAM
APARTMENTS, GOSHREE-PACHALAM LINK ROAD, MARINE
DRIVE, KOCHI-682 018, REPRESENTED BY ITS SECRETARY.
5 SUNIL KUMAR, S/O.N.PANKAJAKSHAN, SECRETARY OF
RESPONDENT 4, T-3-8D, TRITVAM, GP LINK ROAD,
MARINE DRIVE, KOCHI-682 018.
6 ASHOK GOPINATH, TREASURER OF RESPONDENT 4,
IC-7C, TRITVAM, GP LINK ROAD, MARINE DRIVE
KOCHI-682 018.
WPC 34824/14 & connected
7
*7 TRITVAM RESIDENTS WELFARE ASSOCIATION, HAVING
REGISTERED OFFICE AT TRITVAM, GIDA ROAD, MARINE
DRIVE, KOCHI REPRESENTED BY ITS SECRETARY,
ASHRAF P.M
(ADDL R7 IS IMPLEADED AS PER ORDER IN IA NO.1/2023
DATED 06.02.2024)
BY ADVS.
V.ABRAHAM MARKOS
JOHNSON GOMEZ
S.MUHAMMED HANEEFF
JOHN GOMEZ
SREEDEVI S.
S.BIJU (KIZHAKKANELA)
P.G.CHANDAPILLAI ABRAHAM
ALEXANDER JOSEPH MARKOS
SHARAD JOSEPH KODANTHARA
RAJANA JOSE
M.H.ASIF ALI
ARAVIND T. RAMESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C)NO.34824/2014 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 34824/14 & connected
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 21317 OF 2021
PETITIONERS:
1 KENT MAHAL APARTMENT OWNERS ASSOCIATION
INFOPARK KARIMUGAL ROAD, BRAHMAPURAM P.O,
PUTHEKURISH, VADAVUCODE, KERALA, PIN-682303.
REPRESENTED BY ITS SECRETARY, MR.JOMON A.,
AGED 43 YERARS, S/O GEORGE ABRAHAM, FLAT NO T3/8A1,
KENT MAHAL, INFOPARK KARIMUGAL ROAD, BRAHMAPURAM
P.O, PUTHENKURISH, VADAVUCODE, KERALA, PIN-682303.
2 KENT OAKVILLE APARTMENT OWNERS ASSOCIATION
ROOM KENT OAKVILE BENEDICT ROAD, VAZHAKALA, KOCHI,
PIN-682021, REPRESENTED BY ITS SECRETARY, RAJESH
CHUNDAYIL MADATHIL, AGED 42 YEARS, S/O K V KRISHNA
KUMAR, RESIDING AT ROYAL OAK, FLAT NO.4 A4, KENT
OAKVILLE BENEDICT ROAD, VAZHAKALA, KOCHI, PIN-
682021.
BY ADVS.
JOHNSON GOMEZ
S.BIJU (KIZHAKKANELA)
SANJAY JOHNSON
JOHN GOMEZ
SREEDEVI S.
ENLIN MARY RODRIGUS
MOHAMED SHEHARAN
DINOOP P.D.
SANJITH JOHNSON
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, DEPARTMENT OF REGISTRATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 DEPUTY COLLECTOR (DISASTER MANAGEMENT), (COMPETENT
AUTHORITY UNDER THE APARTMENT OWNERSHIP ACT),
KAKKANAD COLLECTORATE, ERNAKULAM, PIN-682030.
WPC 34824/14 & connected
9
3 KENT CONSTRUCTIONS PRIVATE LIMTED, DOOR NO.63/3441-
A166 KENT HAIL GARDEN FIRS FLOOR, STADIUM LINK ROAD,
NEAR JAWAHARLAL NEHRU INTL. STADIUM, PALARIVATTOM,
KOCHI, KERALA-682025.
4 ADDL.R4. SECRETARY TO GOVERNMENT
KERALA STATE HOUSING BOARD, SECRETARIAT,
THIRUVANANTHAPURAM. (IS SUO MOTU IMPLEADED AS PER
ORDER DATED 18-03-2022 IN WP(C) 21317/2021).
*5 KERALA REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS CHAIRMAN, 6TH FLOOR, TRINITY
CENTRE,OPP CHAITHANYA EYE HOSPITAL, TC NO. 14/4354,
KESAVADASAPURAM, PATTOM P.O , THIRUVANANTHAPURAM
(ADDL R5 IS IMPLEADED AS PER ORDER IN IA NO.1/24
DATED 06.02.2024)
BY ADV C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C).34824/2014 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 34824/14 & connected
10
JUDGMENT
[WP(C) Nos.34824/2014, 9317/2021, 18667/2022, 20630/2021,
21317/2021]
This Court had passed an interim order in these batch of cases
on 29.01.2024 which is self explanatory and is, therefore, extracted
for ease of reading.
Prima facie, as matters now stand, the provisions of the
Kerala Apartment Ownership Act, 1983 (the 'Act' for short), have
not been made mandatory, as is evident from Section 2 thereof.
2. While some of the petitioners in this batch of matters
require the 'Act' to be made compulsory; the others maintain
that as long as it has not been made so, they cannot be forced
to sign declarations, or their apartments brought under its ambit
without their juncture.
3. Learned Government Pleader - Sri.Rajeev Jyothish
George, submitted that this controversy has already caught the
attention of the Government and that they have constituted a
Committee to decide whether the 'Act' should be made
mandatory, by amending Section 2. He submitted that, if the
petitioners are so interested, they can be given an opportunity of
being heard by the said Committee.
4. The learned counsel for the petitioners in W.P.
(C).Nos.34824/2014, 21317/2021 and 18667/2022 submitted that,
they would be happy to be given an opportunity of being heard
by the Committee, so that they could place their objections
before the same; while the learned counsel for the petitioners in
other writ petitions submitted that, their assertions are only that
as long as the statute is not made mandatory, registration cannot
be allowed without the juncture of all the owners.
5. In the afore circumstances, I direct the learned
Government Pleader to obtain instructions from the respondents
as to when the Committee has scheduled its next meeting, so
that the willing petitioners in these cases can be heard.
List for further consideration on 06.02.2024.
2. Today, the learned Government Pleader - Sri.Rajeev
WPC 34824/14 & connected
Jyothish George, submitted that the Government has constituted a
High Level Committee to identify and rectify discrepancies, if any,
between the Apartment Ownership Act, 1983 and Real Estate
Regulatory Authority Act, 2016; and that it is scheduled to meet on
22.02.2024. He explained that the Convener of the Committee is the
Secretary of the Real Estate Regulatory Authority ('RERA'); and that
all the petitioners, as well as any other citizen, can approach it with
their recommendations, so that they can look into the same,
particularly from the angle of deciding whether the Apartment
Ownership Act, 1983, must be made mandatory; and as to the
points of conflict, if any, between the said Act and the Real Estate
Regulatory Authority Act, 2016.
3. Sri.Jacob Mathew Manalil and Sri.Johnson Gomez -
learned counsel appearing for some of the petitioners in these cases,
submitted that their clients are willing to appear before the
Committee and place their suggestions for its consideration;
however, arguing vehemently that, even going by the Apartment
Ownership Act, 1983, de hors Section 2 thereof, it is obvious that it
has the nature of being mandatory for all Apartment Complexes.
WPC 34824/14 & connected
They, however, acceded that Section 2, as it presently stands in the
Apartment Ownership Act, 1983, causes some concern; and
therefore, prayed that liberty be reserved to their clients to approach
this Court again, in future, if it becomes so warranted.
4. Sri.Vinod Bhat and Sri.A.K.Haridas - learned counsel
appearing for some of the other petitioners - who opposes the
registration of apartments under the Apartment Ownership Act,
1983, without their juncture - also submitted that they will use the
opportunity to appear before the Committee and impress upon them
the need for retaining Section 2 as is presently available; further
arguing that there is no dispute between the Apartment Ownership
Act, 1983 and the 'RERA' Act. They prayed that the interim order
granted by this Court in their respective Writ Petitions be
maintained, until such time as the recommendations of the
Committee are considered by the Government and appropriate orders
issued.
5. It is thus obvious from the afore rival positions adopted
by the various counsel that, as matters now stand, the issues
impelled in these Writ Petitions are under the consideration of the
WPC 34824/14 & connected
Government of Kerala, for which, they have constituted the afore
High Level Committee. The question whether the Apartment
Ownership Act, 1983, is mandatory, or to be deemed to be
mandatory; and whether, as per its present tenor, registrations can
be allowed without the junction of all the owners of apartments, are
issues which certainly will have to be considered by the Committee,
taking note of the rival and dialectical versions to be placed by
them before the various stakeholders. It would not be, therefore,
prudent for this Court to enter into it at this time and answer these
issues one way or the other; though I am of the firm view that
certain specific time frames will have to be fixed, for the Committee
to make their recommendations and for the Government to consider
further actions, including the amendment of the Act, as may be
warranted.
In the afore circumstances, with the consent of both sides, I
dispose of these Writ Petitions in the following manner:
a) I leave liberty to the petitioners in these cases, as also
any other person who may be interested, to appear before the
Committee on 22.02.2024 and in the subsequent meetings and
WPC 34824/14 & connected
present their versions, including suggestions before it, in a written
form, to be presented through its Convener.
b) The Committee will - on receipt of the afore suggestions
and after fixing a time frame for completion of same, which shall be
a minimum of two weeks after 22.02.2024 - deliberate upon the
issues, after hearing every necessary party and will take a final
decision as to the recommendations to be made before the
Government, viz a viz, the points of reference given to them. A
final report in this regard, containing their recommendations, shall
be placed by the Committee before the Government within a period
of three months from 22.02.2024.
c) The Government, on receiving the recommendations from
the Committee, will consider the same and take a final decision,
including as to the amendment to be carried out with respect to the
relevant legislations, or to any modifications/requirements to be
brought in, leading to appropriate action being completed on it, as
expeditiously as is possible, but not later than three months
thereafter. In the event any amendment is found warranted, action
for same shall be completed; for which purpose, an additional two
WPC 34824/14 & connected
months is hereby granted.
d) Until such time as the afore is completed and necessary
orders issued by the Government in terms of directions (c) above,
the interim order granted in these cases will continue to be in force;
with a further clarification that any registration of declarations made
under the Apartment Ownership Act, 1983, without the consent and
concurrence of all owners, as far as WP(C)No.9317/202 is concerned,
will not visit the petitioners therein or any other unwilling person,
with any coercive consequences. This will, however, depend upon
the final decision to be taken by the Government in terms of the
afore directions.
e) Needless to say, the liberty of the petitioners to approach
this Court for any valid reason, either during the pendency of the
afore ordered exercise or thereafter, are left open; for which
purpose, all rival contentions are also left undecided.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 34824/14 & connected
APPENDIX OF WP(C) 9317/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF SALE DEED NO. 356/1/2013 DATED
06.02.2013.
EXHIBIT P2 COPY OF LETTER NO. D4/8828/2017 DATED
11.10.2017 ISSUED BY 3RD RESPONDENT.
EXHIBIT P3 COPY OF LETTER DATED 13.11.2017 SENT BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P4 COPY OF THE ORDER DATED 13.04.2018 IN
W.P.C NO. 6988/2018 OF HIGH COURT OF
KERALA.
EXHIBIT P5 COPY OF PETITION I.A. 9134/2018 IN W.P.C
NO. 6988/2018 OF HIGH COURT OF KERALA.
EXHIBIT P6 COPY OF THE LETTER DATED 15.10.2018 SENT
BY THE PETITIONER TO THE SUB REGISTRAR,
TRIPUNITHURA.
EXHIBIT P7 COPY OF ORDER DATED 28.11.2019 IN W.P.C
NO. 23281/2019 OF HIGH COURT OF KERALA.
EXHIBIT P8 COPY OF THE JUDGMENT DATED 13.11.2014 IN
W.P.C NO. 15790/2006 OF HIGH COURT OF
KERALA.
EXHIBIT P9 COPY OF APPLICATION DATED 28.11.2020 SENT
BY THE PETITIONER TO THE INFORMATION
OFFICER, SUB REGISTRAR'S OFFICE,
TRIPUNITHURA.
EXHIBIT P9(A) COPY OF THE REPLY NO. RTI.67/2020 DATED
21.12.2020 FROM STATE PUBLIC INFORMATION
OFFICER, TRIPUNITHURA.
EXHIBIT P9(B) COPY OF CIRCULAR NO. R.R.(6)-30383/2015
DATED 23.06.2018 OF REGISTRATION INSPECTOR
GENERAL , THIRUVANANTHAPURAM.
EXHIBIT P9(C) COPY OF REGISTERED FLOOR PLAN OF MYSTIC
HEIGHTS III.
EXHIBIT P10 COPY OF LETTER DATED 08.03.2021 SENT BY
THE PETITIIONER TO THE INFORMATION OFFICER
(DEPUTY COLLECTOR, DISASTER MANAGEMENT),
KAKKANAD.
EXHIBIT P10(A) COPY OF LETTER NO. 8828/17/D4 DATED
16.03.2021 ISSUED BY PUBLIC INFORMATION
OFFICER AND JUNIOR SUPERINTENDENT,
DISASTER MANAGEMENT, COLLECTORATE,
ERNAKULAM.
EXHIBIT P10(B) COPY OF CERTIFICATE OF REGISTRATION NO.
8828/2017/D4 DATED MARCH, 2021.
EXHIBIT P11 COPY OF FORM A OF DECLARATION UNDER
WPC 34824/14 & connected
SECTION 5(2), READ WITH SECTION 11(1) OF
KERALA APARTMENT OWNERSHIP ACT, 1983.
EXHIBIT P11(A) COPY OF FORM B OF DEED OF APARTMENT.
EXHIBIT P11(B) COPY OF PLAN OF MYSTIC HEIGHTS III.
EXHIBIT P11(C) COPY OF LIST OF APARTMENT OWNERS (MYSTIC
HEIGHTS III APARTMENT).
EXHIBIT P12 COPY OF COMPLETE PLAN.
RESPONDENT EXHIBITS
Exhibit R6-A A TRUE COPY OF THE AGREEMENT FOR SALE
DATED 27TH FEBRUARY 2008 ENTERED INTO
BETWEEN THE PETITIONER AND ONE OF THE
APARTMENT OWNERS
Exhibit R6 B A TRUE COPY OF THE CONSTRUCTION AGREEMENT
DATED 27TH FEBRUARY 2008 ENTERED INTO
BETWEEN THE PETITIONER AND ONE OF THE
APARTMENT OWNER
Exhibit R6 C A TRUE COPY OF THE APPROVED SITE PLAN
PRODUCED BEFORE THE TRIPUNITHURA
MUNICIPALITY FOR OBTAINING BUILDING PERMIT
NO BA 49/07-08 DATED 14/4/08 DATED
14/4/2007
Exhibit R6D A TRUE COPY OF THE APPROVED FLOOR PLAN OF
FLOOR NO 1 TO 17 IS PRODUCED BEFORE THE
TRIPUNITHURA MUNICIPALITY FOR OBTAINING
BUILDING PERMIT NO BA-49/07-08 DATED
14/4/2007
Exhibit R6E A TRUE COY OF THE APPROVED FLOOR PLAN OF
FLOOR NO 18 IS PRODUCED BEFORE THE
TRIPUNITHURA MUNICIPALITY FOR OBTAINING
BUILDING PERMIT NO BA 49/07/08 DATED
14/4/2007
WPC 34824/14 & connected
APPENDIX OF WP(C) 18667/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF BYE LAWS OF THE
WILLINGDON ENCLAVE OWNERS ASSOCIATION.
Exhibit P2 THE TRUE COPY OF A SPREADSHEET DISPLAYING
THE MAINTENANCE CHARGES PAID BY EACH
APARTMENT.
Exhibit P3 TRUE COPY OF SALE DEED NO. 1484 OF 1998.
Exhibit P4 TRUE COPY OF THE JOINT RESOLUTION OF THE
EXECUTIVE COMMITTEE OF THE B AND C BLOCK
DATED 13TH APRIL, 2022
Exhibit P5 TRUE COPY OF THE EMAIL DATED 22/9/2022
ISSUED BY MR.TISSAN THACHANKARY TO THE
MANAGER OF THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE EMAIL DATED 14TH
SEPTEMBER, 2022 ISSUED BY MR.GEORGE
POOTHICODE TO THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF EMAIL DATED 14/9/2022 ISSUED
BY MR.MOTI JACOB TO THE 2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R5(a) TRUE COPY OF THE COMMUNICATION DATED
12/10/2022
WPC 34824/14 & connected
APPENDIX OF WP(C) 20630/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SALE DEED OF THE 1ST
PETITIONER WITH 3RD RESPONDENT DATED
17.08.2020.
Exhibit P2 TRUE COPY BUYERS AGREEMENT DATED
25.06.2014 BETWEEN 2ND PETITIONER AND 3RD
RESPONDENT.
Exhibit P3 TRUE COPY OF THE BYE-LAWS OF 4TH
RESPONDENT.
Exhibit P4 TRUE COPY JUDGMENT OF THIS HON'BLE COURT
DATED 18.11.2020 IN WPC NO.24053/2020.
Exhibit P5 A TRUE COPY OF CERTIFICATE PROPERLY ISSUED
BY 2ND RESPONDENT OF FILING FORM A/B
ISSUED BY 2ND RESPONDENT 18.12.2020.
Exhibit P6 ORDER DATED 25.01.2021 IN RP NO.69 OF 2021
RESTORING WPC 24053 OF 2020 FOR FURTHER
ADJUDICATION.
Exhibit P7 INTERIM ORDER DATED 25.01.2021 PASSED BY
THIS HON'BLE COURT IN WPC NO.24053/2020
FOR ISSUING CERTIFICATE OF FILING FORM
A/FORM-B BY 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF DISPUTED CERTIFICATE OF
REGISTRATION ISSUED BY 2ND RESPONDENT IN
FAVOUR OF 4TH RESPONDENT ALLEGEDLY UNDER
KAOA.
Exhibit P9 FINAL ORDER DATED 10.03.2021 PASSED BY THE
CLOSING THE PETITION.
Exhibit P10 COPY OF THE COMPLAINT FILED BY 4TH
RESPONDENT HEREIN DATED 05.04.2021 BEFORE
RERA FOR REGISTRATION UNDER KAOA.
Exhibit P11 TRUE COPY OF THE E-MAIL SENT BY 5TH
RESPONDENT TO THE OWNERS AND ALLOTTEES
DATED 05.04.2021.
Exhibit P12 TRUE COPY OF THE INTERIM REPORT OF 4TH
RESPONDENT DATED 03.06.2021 BY 5TH
RESPONDENT CLAIMING REGISTRATION UNDER
KAOA.
Exhibit P13 CERTIFICATE OF REGISTRATION OF MYSTIC
HEIGHTS 3 APARTMENT OWNERS ASSOCIATION
ALLEGEDLY UNDER KAOA IN WHICH 5TH
RESPONDENT HAVE INTEREST.
WPC 34824/14 & connected
APPENDIX OF WP(C) 21317/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF
DECLARATION IN FORM A ANNEXED WITH FORM E
DATED 25/08/2021 FILED BY SECRETARY OF
PETITIONER NO.1.
Exhibit P2 A TRUE COPY OF THE DEED OF APARTMENT OF
FORM B FILED BY SECRETARY OF PETITIONER
NO.1.
Exhibit P3 A TRUE COPY OF THE BYE LAW DATED
28/06/2021 APPROVED BY THE APARTMENT
OWNERS OF KENT MAHAL APARTMENT COMPLEX
THAT CONFIRMS THE PROVISIONS OF SECTION 16
OF THE KAOA.
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF
DECLARATION IN FORM A ANNEXED WITH FORM E
DATED 16/09/2021 FILED BY SECRETARY OF
PETITIONER NO.2.
Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF THE
DEED OF APARTMENT DATED 16.09.2021 IN FORM
B FILED BY SECRETARY OF PETITIONER NO.2.
Exhibit P6 A TRUE COPY OF THE BYE LAW APPROVED BY THE
APARTMENT OWNERS OF KENT OAKVILLE
APARTMENT THAT CONFIRMS THE PROVISIONS OF
SECTION 16 OF THE KAOA.
Exhibit P7 A TRUE COPY OF THE RECEIPT DATED
07.09.2021 ISSUED BY THE RESPONDENT NO.2
TO THE PETITIONER NO.1.
Exhibit P8 A TRUE COPY OF THE RECEIPT DATED
20.09.2021 ISSUED BY THE RESPONDENT NO.2
TO THE PETITIONER NO.2.
Exhibit P9 A TRUE COPY OF THE LETTER DATED 27/08/2021
SUBMITTED BY THE PETITIONER NO.1 BEFORE
THE RESPONDENT NO.2
Exhibit P10 A TRUE COPY OF THE LETTER DATED 20/09/2021
SUBMITTED BY THE PETITIONER NO.2 TO THE
RESPONDENT NO.2.
Exhibit P11 A TRUE COPY OF THE ORDER DATED 13.04.2018
PASSED BY THE HONOURABLE HIGH COURT OF
KERALA IN WPC NO.6988/2018.
Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 10TH
MARCH 2021 PASSED BY THIS HONOURABLE COURT
IN WPC NO.24053 OF 2020.
Exhibit P13 A TRUE COPY OF THE LETTER DATED 30.10.2021
ISSUED BY THE RESPONDENT N.3 TO THE
WPC 34824/14 & connected
PETITIONER NO.2.
Exhibit P14 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION UNDER THE KAOA ISSUED BY
RESPONDENT NO.2 TO TRITVAM APARTMENT
OWNERS ASSOCIATION.
Exhibit P15 A TRUE COPY OF THE CERTIFICATE
NO.8828/2017/D4 DATED FEBRUARY 2021 ISSUED
BY THE RESPONDENT NO.2 TO MYSTIC HEIGHTS-
Exhibit P16 A TRUE COPY OF THE COURT STATUS IN WPC
NO.9317 OF 2021 FROM THE WEBSITE OF THE
KERALA HIGH COURT.
Exhibit P17 A TRUE COPY OF THE RECEIPT NO.D4-
428227/2021/TDCEKM DATED 07/09/2021 ISSUED
BY RESPONDENT NO.2 TO PETITIONER NO.1.
Exhibit P18 A TRUE COPY OF THE RECEIPT NO.D4-
432598/2021/T DC EKM DATED 20/09/2021
ISSUED BY RESPONDENT NO.2 TO PETITIONER
NO.2.
Exhibit P19 A TRUE COPY OF THE RECEIPT NO.D4-
448910/2021/T DC EKM DATED 09/11/2021
ISSUED BY RESPONDENT NO.2 TO PETITIONER
NO.2.
Exhibit P20 A TRUE COPY OF THE LETTER DATED 29/11/2021
SUBMITTED BY PETITIONER NO.1 TO RESPONDENT
NO.2.
Exhibit P21 A TRUE COPY OF THE LETTER DATED 29/11/2021
SUBMITTED BY PETITIONER NO. 1 TO
RESPONDENT NO.2.
WPC 34824/14 & connected
APPENDIX OF WP(C) 34824/2014
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CIRCULAR FROM
2ND RESPONDENT DATED 01-08-2011
EXHBIIT P2 TRUE COPY OF THE REPORT IN
MALAYALA MANORAMA DAILY
