Kerala High Court
M/S Livit Homes vs State Of Kerala on 3 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 23975 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 23975 OF 2024
PETITIONER:
M/S LIVIT HOMES
DOOR NO.34/1806D OF KOCHI CORPORATION,
KURICKAL ARCADE, 3RD FLOOR, EDAPPALLY PO,
ERNAKULAM REPRESENTED BY ITS MANAGING PARTNER,
SRI. K.J. PAUL, AGED 57 YEARS,
S/O LATE K.V.JOSEPH,KURICKAL HOUSE,
DOOR NO.27/303 OF KALAMASSERY MUNICIPALITY,
COCHIN UNIVERSITY PO,
ERNAKULAM, PIN - 682024
BY ADVS.
SAJI VARGHESE KAKKATTUMATTATHIL
AMALENDU A.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, TAXES DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SUB REGISTRAR,
SUB REGISTRY OFFICE, ALUVA,
ERNAKULAM, PIN - 683101
3 KERALA REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS CHAIRPERSON,6TH FLOOR,
TRINITY CENTRE, TC NO. 14/4354,
OPP CHAITHANYA EYE HOSPITAL, KESAVADASAPURAM,
PATTOM P.O, THIRUVANANTHAPURAM
(ADDTNL R3 IMPLEADED AS PER ORDER DATED 29.08.2024 IN IA
01/2024 IN WPC 23975/2024)
DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 23975 of 2024
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JUDGMENT
The grievance of the petitioner is that when the petitioner
submitted Ext.P4 sale deed for registration before the respondent
No.2, he is insisting for registration of the project with K-RERA.
2. I have heard Sri.Saji Varghese, the learned counsel
appearing for the petitioner and Smt.Deepa V., the learned
Government Pleader.
3. The learned counsel for the petitioner produced before
me a copy of the letter dated 03/09/2024 bearing
No.IGR/4165/2023-RR9 issued by the Registration Inspector
General, Thiruvananthapuram to the District Registrar General,
Palakkad. In the said letter, it is stated that the Government
Order prohibiting the registration of sale deeds of flat which are
not registered with K-RERA is not applicable to those projects
which were completed and transferred prior to Ext.P6. It is
further stated that registration certificate is not necessary to
transfer the flat left with the owner. The flat covered by Ext.P1
falls within the said category. Hence, the respondent No.2 is
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directed to register Ext.P4 sale deed without insisting for
registration of the project with K-RERA based on the letter
mentioned above.
The writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 23975/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE OCCUPANCY CERTIFICATE ON
31.08.2017 ISSUED BY THE SECRETARY, KADUNGALLOOR
GRAMA PANCHAYAT
EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 31.07.2019 ISSUED BY
THE PETITIONER FOR CONVENING THE GENERAL BODY OF
APARTMENT OWNERS ASSOCIATION
EXHIBIT P3 A TRUE COPY OF THE TOKEN ISSUED BY THE REGISTRATION
DEPARTMENT DATED NIL
EXHIBIT P4 A TRUE COPY OF THE SALE DEED PRESENTED FOR
REGISTRATION DATED 27.06.2024
EXHIBIT P5 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE 2ND
RESPONDENT TO THE PRESENTANT IN EXHIBIT-P4 SALE DEED
EXHIBIT P6 A TRUE COPY OF THE ORDER GO(MS) NO.25/2024 DATED
24.05.2024
EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT
IN SLP NO.7721/2024 DATED 5.4.2024
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN M.S.A NO. 9 OF 2023
DATED 18.03.2024 OF THIS HON'BLE COURT
RESPONDENT EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE RELEVANT EXTRACTS OF THE
GAZATTE NOTIFICATION DATED 26.03.2016
