Kerala High Court
The Army Welfare Housing Organization ... vs Saji Thomas on 25 February, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:17183
W.P.(C)No.39544 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 39544 OF 2024
PETITIONERS:
1 THE ARMY WELFARE HOUSING ORGANIZATION (AWHO)
REPRESENTED BY ITS MANAGING DIRECTOR, SOUTH
HUTMENTS, KASHMIR HOUSE, RAJAJI MARG, NEW DELHI,
PIN - 110011
2 THE PROJECT DIRECTOR
ARMY WELFARE HOUSING ORGANISATION (AWHO),
PRASANNA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI REPRESENTED BY DEPUTY PROJECT DIRECTOR,
ARMY WELFARE HOUSING ORGANISATION (AWHO), PIN -
682031
BY ADVS.
KARTHIKA MARIA
ABI BENNY AREECKAL
BEA MARY BENNY
ANJALY ELIAS
SHYNI WILLIAM
NAVYA SEBY
RESPONDENTS:
1 SAJI THOMAS
AGED 58 YEARS
17A2 KENT GLASS HOUSE, VYTILLA, KOCHI, PIN -
682019
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W.P.(C)No.39544 of 2024
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2 TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O, LAYAM ROAD,
TRIPUNITHURA, ERNAKULAM REPRESENTED BY ITS
SECRETARY, PIN - 682301
3 SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O, LAYAM ROAD, TRIPUNITHURA,
ERNAKULAM, PIN - 682301
4 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT DEPARTMENT -
VIGILANCE WING, VIGILANCE CELL, 5TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM,
PIN - 695003
5 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY
(KCZMA)
REPRESENTED BY ITS MEMBER SECRETARY, OFFICE OF
THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
4TH FLOOR, KSRTC BUS TERMINAL, THAMPANOOR P.O,
THIRUVANANTHAPURAM, PIN - 695001
6 M/S. SILPA PROJECTS AND INFRASTRUCTURE INDIA
PRIVATE LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, 65/847-
848, 3RD FLOOR, NORTH AVENUE, PARAMARA ROAD,
KOCHI, PIN - 682018
7 BR AJITH
ARCHITECT, AJIT ASSOCIATES ARCHITECTURAL
CONSULTANTS PVT LTD, SILVER SAND ISLAND, VYTTILA
P.O, KOCHI , AND ALSO HAVING ADDRESS AT 3RD
FLOOR, PUTHURAN PLAZA, KPCC JUNCTION, MG ROAD,
KOCHI, PIN - 682019
8 M/S AJIT ASSOCIATES
ARCHITECTURAL CONSULTANTS PVT LTD, REPRESENTED
BY B R AJITH, ARCHITECT AND MANAGING DIRECTOR,
SILVER SAND ISLAND, VYTTILLA P.O, KOCHI AND ALSO
HAVING ADDRESS AT 3RD FLOOR, PUTHURAN PLAZA,
KPCC JUNCTION, M G ROAD, KOCHI, PIN - 682011
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W.P.(C)No.39544 of 2024
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BY ADVS.
K.SHAJ
K.S.ARUN KUMAR
BEENA N.KARTHA(K/671/1995)
ARUN CHAND(K/000860/2016)
BHARAT VIJAY P.(K/000976/2018)
MINU VITTORRIA PAULSON(K/739/2020)
GOPIKA GOPAL(K/643/2023)
ARCHANA P.P.(K/4093/2023)
AMIYA P.(K/2452/2023)
A.R.JUMANA ZULPHIKER(K/3964/2024)
RENJITH THAMPAN (SR.)(K/276/1990)
SRI ADV SRI BENNY GARVACIS
ADV SRI RANJITH THAMPAN GP SMT VIDYA KURIAKOSE
SRI B S SYAMANTHAK SC SMT LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.39544 of 2024
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C.S.DIAS,J
--------------------------------------------
W.P.(C).No. 39544 of 2024
---------------------------------------------
Dated this the 25th day of February, 2025
JUDGMENT
The writ petition is filed to quash Ext.P3 order
passed by the Kerala Real Estate Regulatory Authority,
Thiruvananthapuram, ('Authority' for short).
2. The 1st respondent had filed complaint
No.99/2024 before the Authority for various reliefs.
The petitioners in the writ petition are the respondents
1 and 2 in the complaint and the respondents 2 to 8 in
the writ petition are the respondents 3 to 9 in the
complaint. By Ext.P3 interim order, the Authority
directed the petitioners to register the project within
30 days from the date of receipt of the order, failing
which the Authority would be constrained to invoke
the penal provision under Section 59 of the Real Estate
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(Regulation and Development) Act, 2016 ('Act' for
short). Although, Ext.P3 order is appealable, as the
post of Chairman of the Real Estate Appellate
Tribunal is lying vacant, no useful purpose would be
served in filing the appeal, and in the meantime Ext.P3
may be implemented. Ext.P3 order is ex facie illegal.
Therefore, the Ext.P3 order may be quashed.
3. Heard; the learned Senior Counsel appearing
for the petitioners, the learned Senior Counsel
appearing for the 1st respondent, the learned Standing
Counsel appearing for the respondents 2 and 3 and the
learned Government Pleader.
4. The learned Senior Counsel for the
petitioners submitted that, subsequent to the filing of
the writ petition, the Chairman of the Real Estate
Appellate Tribunal has been appointed. Therefore, a
quietus can be given to the writ petition by permitting
the petitioners to withdraw the writ petition, by
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reserving their right to work out their statutory
remedies as provided under Section 43(5) of the Act
before the Appellate Authority.
5. The learned Senior Counsel appearing for
the 1st respondent submitted that, there was no
prohibition in the petitioners filing an appeal,
notwithstanding the vacancy of the Chairman in the
Real Estate Appellate Tribunal, in view of Section
43(3) of the Act.
6. The above submission was refuted by the
learned Senior Counsel for the petitioners who drew
the attention of this Court to Section 52 of the Act.
7. Notwithstanding the rival submissions made
across the Bar, and on considering the limited prayer
sought by the learned Senior Counsel for the
petitioners, I permit the petitioners to withdraw the
writ petition, without prejudice to the petitioners' right
to challenge Ext.P3 order before the Real Estate
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Appellate Tribunal. It will be up to the petitioners to
file the appeal with an application to condone the
delay in filing the appeal on the ground that they were
bonafide prosecuting this writ petition since
06.11.2024. If such an application is filed with the
appeal, the Appellate Tribunal shall consider and
dispose of the application and appeal, in accordance
with law.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.25.02.25.
2025:KER:17183
APPENDIX OF WP(C) 39544/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT NO. 99/2024
FILED BY THE 1ST RESPONDENT BEFORE THE
KERALA REAL ESTATE REGULATORY
AUTHORITY, THIRUVANANTHAPURAM DATED
12.06.2024 WITHOUT THE ANNEXURES.
Exhibit P2 A TRUE COPY OF THE REPORT PREPARED BY
INDIAN INSTITUTE OF SCIENCE, BANGALORE
DATED 10.08.2024
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER IN
COMPLAINT NO. 99/2024 PASSED BY THE
KERALA REAL ESTATE REGULATORY
AUTHORITY, THIRUVANANTHAPURAM ON
03.10.2024
