Kerala High Court
Asha Umesh Shenoy vs Kerala Real Estate Regulatory ... on 11 September, 2025
W.P. (C) .Nos.29051 of 2021
& 28785 of 2022
2 0 2 5 : KER : 67 8 5 8
IN THE HIGH cOuRT OF RERAIA AT ERNAKulnM
PREsm
TliE HONouRABI.I in. dusTlcH vlro ABRAIIZD4
THURSDAY, THE 11" DAY 0F SEPTEREER 2025 / 20TH BHAI)RA, 1947
WP(C) NO. 290510F 2021
PETITIONERS :
KAIIPAKA BUILDERS PRIVATE I.IMITED
65/2755A, 3ro FI,COR, CASAGENTE Bull,I)ING, NEAR
DESHABHIENI JUNCTION, KALOOR, KOCHI - 682 017
REP. BY MZLNAGING DIRECTOR.
M . V . StINITH
imNAGING DIRECTOR, KAI.PAKA BulroERs PRIVATE
LIMITED, 1ST. FIIOOR, DOOR NO.37/3468/A5,
CIASAGENTE BUILDING, KAI.00R P.O. , PIN -682 017.
BY ADVS .
SMT.ENITHA RATHAI MtJTHIRENTHY
SHRI . BzisIL THorns
SHRI.MIDHUN S. KARtJN
RESPONDENTS :
STATE OF RERAILA
REPRESENTEI) BY THE SECRETARY TO COVERNMENT, LOCAli
SELF GOVERNMENT (18) DEPARRENT, SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
KERAIA REAL ESTATE REGUIATORY AUTHORITY (K-RERA)
TC 25/1379, CRA I)-112, NEAR RENTACOSTAI. CHURCH,
pl]AMcODu -CHARACHIRA Eroae , THIRuVAENTHApuRm4 -
695 003 REPRESENTED BY ITS SECRETARY (TECENICAI,
AND ADMINISTRATION) .
ANUROOpA MOHANDas
3A, inruRA ARCADE , THEKuncEmGAM, THRIPuNITHt]RA,
KOCHI -682 301.
4 ASHZL UMESH SHENOY
18, KALPAKA RANcoLI, AG vlTTAppA KAmmTH Roan,
W.P. (C) .Nos.29051 of 2021
a 28785 of 2022
2 0 2 5 : KER : 67 8 5 8
THAmmNAM -682 o32, EENAlculLAM.
N. M(JRAI.RESHARA PAI
28, Hal.pAKzi ENcOI.I, AG vlTTAppA KAmmTH Roan,
THAmmNAM -682 o32, ERNAKulLAM.
BY ADVS.
SHRI . C . M . NAZAR
SRI . P . FAZII,
SRI.DIRESH R. SHENOY
SRI . s . a . PREimcIIAilDRA PRABHu
sum . -ArasREE inNo-
SRI . SAJU THAlilATH
SRI . TITHIN PAUL VARGHESE
SRT.ANN inR¥ FENcls
SHRI . K . a . RAJESH
SHRI.A. JOSEPH GEORGE
SHRI .EBIN RATHEW
SHRI.SIIiESH S. PRABHU
SMT. SVATHI R. KRISHNZLN
OTHER PRESENT :
Gp- RTlim JAcoB
THIS WRIT PETITION (CIVII.) HAVING BEEN FINAIII.Y HEARD
ON 11.09.2025, AI.ONG WITH WP(C).28785/2022, THE COURT ON
THE SAID I)AY DELIVEREI) THE FOLII0WING:
W.P. (C) .Nos.29051 of 2021
& 28785 of 2022
2025 : KER: 67858
IN THE HIGH cOuRT OF KERAILA AT EEurAKulAM
PRESENT
TEE HONoURABLE rm. TuSTler= vleu ABRAHAM
gHURSDA¥, THE iiTH DAY oF SEPTEREER 2o25 / 2oTH BmDRA, 1947
WP(C) NO. 28785 0F 2022
PETITIONER:
ASHA tnGSH sHENoy
AGED 55 YRARS
W/O.URESH SHENOY, 18, KALPAKZL RANcOLI, AG
vlTTAppA KmomTH ROAD , THABdyENEN, ERItAKul4AM, plN
-682 032.
By anvs.
SRI.DINESH R. SHENOY
SHRI .EBIN RATHEW
SRI. p.ROHIT pRrmNANDAN sHENoy
SHRI.SILESH S. PRABHU
RESPONDENTS :
KERAIA REAli ESTATE RECuliATORY AUTHORITY (K-RERA)
TC 25/1379, CRA D-112, NEAR PENTACOASTAI. CHURCH,
pLENool)u - CHARACHIRA Roan , THIRuvENENTHApuRn4 -
695 003 REPEu=SENTED BY ITS SECRETARY (TECENICAli
AND aeMINISTRATloN) .
ANURcOPA MOHZLNDAS
3A, lmruBA ARCADE , THEKuncHAGEN, TRlpuNITHURA,
KOCHI -682 301.
KAlipAKA BUILDERS PVT. LTI).
65/2755A, 3RE ELcOR, CZLSAGENT BUILDING, NEAR
DESHABHIENI JTJNCTION, KALcOR, KOCHI -682 01-7,
REP. BY ITS MG.DIRECTOR M.V.SUNITH.
M.V.SENITH
ENAGING DIRECTOR, KALPAKA BUILDERS PVT.IiTD. , 1ST
FLOOR, I)OOR NO. 37/3468/A5, CASAGRANTE BUILDING,
KAIIcOR P.0., PIN -682 017.
W.P. (C) .Nos.29051 of 2021
& 28785 of 2022
2025 : KER: 67858
BY JDVS.
SRI . P . FAZIL
SRI . SAJU THALIATH
slat . v . v . JA¥ASREE
SRI..ITHIN PAuli VARGHESE
Sim . c . pRZDITm
SMT.ANN inRy FRANcls
star . R . sRUTHy
THIS WRIT PETITION (CIVIIi) HAVING BEEN FINALLY t]EABI)
ON 11.09.2025, ALONG WITH WP(C).29051/2021, THE CotJRT ON
THE SAME DAY DEI.IVERED THE FOI.IIOWING:
W.P. (C) .Nos.29051 of 2021
& 28785 of 2022
2025 : KER: 67858
VIJU ABRAHAM, J.
--------------------
W.P. (C) .Nos.29051 of 2021 & 28785 of 2022
-------------------------------------------
Dated this the llth day of September, 2025
JUDGRENT
The matter has been referred for mediation
and the learned counsels appearing on both sides in
both the writ petitions submitted that the matter
has been amicably settled in mediation. A report
has been submitted by the mediator, producing a
Memorandum of Settlement Agreement dated
27.08.2025. Taking into consideration the above
facts and circumstances, these writ petitions are
disposed of , recording the settlement entered into
between the parties. The Memorandum of Settlement
Agreement dated 27.08.2025 will form part of this
j ud9ment .
sd/-
VITU ABRAHZLM , JUDGE
Pin
& 28785 of 2022
2025 : KER: 67858
PETITIONERS I EXHIBITS
EXIIIBIT PI A TRUE COPY 0F THE 0CCUENCY CERTIFICATE
DATED 4/6/2019.
E"IBIT P2 zi TRI7E copt oF THE coneIAINT No.2og/2o2o
FILED BY THE 3E0 RESPONDENT BEFORE THE
2ND RESPONDENT.
EXHIBIT P3 A TRE COPY 0F THE OBJECTION FILED BY
THE coneEN¥ IN coneIAINT No.2og/2o21.
EXHIBIT P4 A TRUE COPY OF I.A.149/2021 IN COREIAINT
NO . 209/2020 .
EHIBIT P5 A TRUE COPY 0F THE REPI.Y AFFIDAVIT BY
THE 3RE RE S PONDENT HERE IN IN IA
NO .149/2021.
EXHIBIT P6 A TRUE copy OF THE OroER DATEI> 5/11/2o2i
IssuED 8¥ THE 2ND REsporoENT.
EXIIIBIT P7 A TRUE CO PY OF THE ORDER DATEI)
T] / 9 / 202.fJ .
RESPONDENTS I EXHIBITS
EXHIBII R3 (A) TRUE COPY OF THE ORDER DATED 20/01/2021
0F RERAIA REAL I STATE RE GtJIATORY
AUTE)ORITY , THIRUVENENTEIAPURAM
EXHIBIT R3 (a) TRur copy OF THE PUBI,Ic NOTlcE DATED
19/o4/2o22 Isstn=D 8¥ THE 2ND REsroNDENT
EHIBIT R5 (A) TRUE COPY OF TI]E OBJECTION FILEI) BY TEE
5TH RESPONDENT IN I.A. NO.63/2021 IN
coneIAINT No. 2og/2o2o BEFORE THE RERA,
IRIvanR".
a 28785 of 2022
2025 : KER: 67858
PETITIONER' S EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF COMPIAINT NO.209/2020
FILED Br THE 2ND REsporoENT BEFORE THE
IST RESPONDENT.
EXHIBIT P2 TRUE PHOTOCO PY 0F COUNTER AFF IDAVI I
FILED BY THE PETITIONER IN IA NO.63/2021
IN coneIAINT No.2og/2o2o, REAL ESTATE
REGULZITORY AUTHORITY , THIRtJVENENTHAPURAM
DATED 3/8/2021, WITHOUT ANNEXURES.
EXHIBIT P3 TRun pHOTOco py OF ro INT VENTURE
AGREEMEN! DATED 19/3/2012 BETWEEN THE
PETIT IoRER AND THE 3ro
REsporoENI/BulLDER.
EXHIBIT P4 TRtJE PHOTOCOPY 0F THE AGRERENT DATED
13/6/2ol8 REcuTED BETWEEN THE 3ro
RE spoueENT /BulLDER AND 12 oF THE
AII,OTTEES oF TE F'InTs IN THE APARn4ENT
COMPLEX .
EXHIBIT P5 TRUE pHOTOcopy OF THE ADDENDtn4 AGRERENT
DATED 12/11/2019 EXECUTED BETWEEN THE
PET IT IONER AND THE 3RE
RESPONDENT/BUILI)ER.
EXHIBIT P6 TRUE PHOTOCOPY 0F THE ORDER DATED
5 / 11 /2 o21 pAssED IN ccmeIAINT
NO.209/2020 BY THE IST RESPONDENT.
REsporoENTs ' Exl]IBITs
EXHIBIT R2 (A) TRUE COPY 0F THE ORDER DATED 20/01/2021
0F RERALA REAI. E S TAPE RE GULZITORY
AUTHORITY , THIRUVENENTHAPURAM.
EXHIBIT R2 (a) TRE COPY OF INTERIM APPIIICATION 29/2021
IN COMpliAINANT NO. 2 01 /2 021 DATED
18/02/2021 FILED BEFORE THE IST
RE spoueENT .
PETITI0NER' S EXHIBITS
EXHIBIT P7 TRUE PHOTOCOPY OF THE NOTICE DATED
22.6.2021 ISSUED T0 THE PETITIONER IN
IA.NO.63/2021, COMPIAINT NO. 209/2020 BY
Tl]E FIRST RESPONDENT.
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BEFORE THE HONOUIIABLE HIGH COURT OF KERALA AT ERNAKULAM
WP(C). Nos. 29051 of 2021 c/w 28785 of 2022
Kalpake Builders -Pvt. Ltd. & Anr. Petitioners
Vs.
State of Kerala & others Respondents
MEMofIANDUM OF SETTLEMENT AGREEMENT UNDER SECTION 89 0F THE
CODE OF CIVIL PROCEDURE READ WITH RULES 24 a 25 0F THE CIVIL
pRocEDLIRE (Ai=r'ERNATivE DispuTE FLEsoLUTloN) RULEs.. 2oo8
1. Mts.Kalpake Builders Private Limited and its Managing Director, M.V Sunith are the
petitioners, the State of Kerala is the lst Respondent, Kerala Real Estate Regulatory
Authority is the 2nd Respondent, Anuroopa Mohandas is the 3rd Respondent, Asha
Umesh Shenoy is the 4th Respondent and N. Muraleedhara Pai is the 5th Respondent
in WP(c) No.29051 of 2021.
2. Jn the connected Writ Petition, WP(c) 28785 of 2022 filed by Asha Umesh Shenoy,
kerala Real Estate Regulatory Authority is the lst Respondent , Anuroopa Mohandas
is the 2nd Respondent, M/s.Kalpaka Builders Private Limited and its Managing
Director, M.V Sunith are the Respondents 3 and 4.
3. The above two Writ Petitions are referred for mediation. During the mediation,
Mts.Kalpaka Builders Private Limited and its Managing Director, M.V Sunith,
Anuroapa Moha,ndas, Asha Umesh Shenoy arid N. MuraJeedhara Pail who are the
contesting perties in the above 2 writ petitions, have agreed to settle the subject
matter dispute between themselves. In view of the fact that State of Kerala and
Kerala Real Estate Regulatory Authority are only formal parties to the subject matter
dispute between the parties, they are not signatories to this Mediation Settlement
Agreement.
-Petitioriers 1 and 2= ftesDondents 3. 4 & 5
1. Kalpaka Builders Pvt Ltd
(Rep by Managing Director
3. Anuroopa Mohandas dgr
Mr.M.V sunith) €`®€
rvT.li`B 4. Asha Umesh Shenoy
L
nirer/®' 5. N, Muraleedhara Pai
2. Mr.M.V,S.uhith, Managing Di
Kalpaka Builders Pvt Ltd
_::---_
4. The lst Petitioner in WP(c) No.29051 of 2021, M/s.Kalpaka Builders Private Limited,
represented by 2nd Petitioner, who is its Managing Director, M.V Sunith have agreed
to pay a total amount of Rs,30,00,000/-( Rupees Thirty Lakhs Only) to the 3rd
Respondent A7)ijroopa Mohandas towards full and fiiraJ settlement of al) her clajms,
which is the subject matter of order dated 05.11.2021 in Complaint No.209#020
between the parties before the Kerala Real Estate Regulatory Authority, which is
Exhibit P6 in WP(c) No.29051 of 2021. The Petitioners 1 and 2 have agreed to pay
50% of such amount of Rs.30,00,000/- (Rupees Thirty Lakhs Only) on or before
15.01.2026 and balance 50% of the same on or before 15.08.2026. In the event of
any delay or default, the petitioners and all their assets shall be liable and
responsible for the same and a charge will be specifically created on Apartment No.
105 at Sunny Palace Apartments, Edappally having bearing Door No.37/2729
(Building lD : 40169020042183) of Kochi Municipal Corporation in the name of
Mr.M.V.Sunit, in favour of Anuroopa Mohandas, for realization of the above amount
of Rs.30,00,000/-or part thereof, with interest at rate of 12% per annum from the
respective due dates as per the terms of this agreement.
5. It is agreed by M/s.Kalpaka Builders Private Limited, Asha Umesh Shenoy and N.
Mur-aleedhara Ffai to jointly execute the `sale deed Of Flat No.4C, having Cochin
Cof`poration Door No.45/1753-D2, liaving super built-up area of 118.17 square
meters (1272 square feet) on the 4th Floor in `'Kalpaka Rangoli" Apartment Building,
together with 5.53% undivided share equivalent to 0.448 Ares in the land having an
extent of 8.10 Ares, made up of 0.16 Ares in Sy.No.239/2-118, 3.89 Ares in
Sy.No,241/5-7 and 4.05 Ares in Sy.No.241/5-3 in Peonithura Village covered under
Sale Deed No.3394/1978 of Tripunithura S.R.O. and Sale Deed Nos.1708/1993 and
2533¢019r both of Maradu S.R.O, together with proportionate share and right to
use the common areas and the common facilities, in favour of Anuroopa Mohandas,
at her cost and expenses, as soon as possible, however within a maximum period of
one month from today. The expenses for registration including stamp duty and
registration charges, shall be met by the petitioners for the time being and the
same shall be adjusted from the amount of Rs.30,00,000/- payable by the
petitioners to Anuroopa Mohandas. In the event of default, M/s.Kalpaka Builders
Private limited land all their assets shall be join,tly and se.verally liable and
responsjbJe for the same. It js further agreed that, on the same day, M/s.Kalpaka
Builders Private Limited will execute a deed by virtue of which the 1% remaining
undivided share of land retained by M/s.Kalpaka Builders Private Limited will be
retransferred to A6ha U `poy and N.Muraleedhara Pai. The registration
charges Incurred for th ball be borne by M/s.Kalpaka Builders Private
Limited for the time b Bed to be deducted from the amounts payable
to Asha Umesh Shero hera Pai.
Petitioners I and 2: ` Rescondents 3. 4 & 5
1, Kalpaka Builders Pvt Ltd 3. Anuroopa Mohandas
(Rep by Managing Di
Mr.M.V Sunith) S PVT.Llu4. Asha Umesh Shenoy
2. Mr,M,V.Sunith, Managing Di 5. N. Muraleedhara Pal,
Kalpaka Builders Pwl: Ltd
6. The petitioner also agreed to pay a total sum of Rs.8,58,000/- (Rupees Eight lakhs
fifty eight thousand only) to Asha Umesh Shenoy and Rs.5,02,000/- (Rupees Five
lakhs two thousand only) to N.Muraleedhara Pai paid towards due compensation in
F.A.R shortage of the area allotted to them. This amount js fixed after adjusting the
initial deposits given to respondents 4 and 5 by petitioners 1 and 2 and in full and
final settlement of all claims inter-se. It is agreed that upon this payment, all claims
between petitioners 1 and 2 and respondents 4 and 5 shall be fully and finally
settled inter-se and no claims shall subsist between the parties. 50% of the amount
is agreed to be paid by 15.01.2026 and balance is agreed to be paid by 15.08.2026
without fail by availing personal loans and/or selling Sunit's Apartment No. 105 at
Sunny Palace Apartments, Edappally. In case of delay or default, the respondents 4
and 5 can realise the amount with 12% interest from the appointed dates till
payment which shall not be further delayed and a charge shall be created over this
apartment property in favour of respondents 4 and 5 also, for realisation of these
amounts, if necessary.
7. It is agreed that the drinking water connection is to be availed by way of permanent
water connection from the Kerala Water Authority to all the Apartment holders by
the Builder within four months, from today, at the most as Government sanctions
may take some time.
8. The work of the common Gym and Truss work shall also be completed within 6
months from this date, so as to enable fulfilment of all agreed facilities to the
occupants at the earliest and without delay. The builder agrees that he is duty
bound to extend the agreed facilities and the time frame is only because of his
financial difficulties. The petitioner further agreed to handover the Certificate of
fitness of fire and safety equipment installed at the time of the installation of these
equipments to respondents 4 and 5 forthwith and also demonstrate its functions so
that the Apartment holders can maintain it as required. As such, it is agreed that
time shall be of the essence of this agreement and the builder won't commit any
default and in case of such default, the respondents 3 to 5 are entitled to get this
agreement executed through process of law and the builder will be liable to meet
the costs and consequences of the same as well, which shall be a charge on the
builder's property rights. The common facility documents will be handed over to
form the Residents Association to Respondent No. 4 & 5. The Original title deeds
and prior deeds of the property and the building permit, approved plans and
completed plans and occupancy certificate and the plumbing, wiring and STP
diagrams shall also be han the Respondents 4 & 5, who are presently
looking after and manag
Petitioners I and 2: \:h==rt#e#:?Tp:=.
I. Kalpaka Builders Pvt Ltd 3, Anuroopa Mohandas
(Rep by Managing Director
Mr.M.V Sunith) 4. Asha Umesh Shenoy
2. Mr.M.V.Sunith, Man€j§ ENltlD€ts PVT.i.''L 5. N. Muraleedhara Pai.
Kalpaka Builders Pvt Ltdq Or
amsingDirect^'zj::i=ji=:.i.;`::;`
Hence, it is humbly prayed that this Honourable Court may be pleased to
record this settlemer}t agreement as part of this Hor}ourable Court's _judgment in the
above Writ Petitions and dispose of them accordingly by rendering an executable
judgment in the interest of justice.
Dated this th day of August, 2025.
Petit=ieners I aftd 2: i_ keapondefb 3, 4` a 5`
I, Kalp'dica Builders Pvt Ltd 3. Anuroopa Mohandas
(Rep by Managing Directo
Mr.M.V sunith) 8®
Pw.ijD 4. Asha Umesh Shenoy
2. Mr.M.V,Sunith, Managing Dire tor inS"3irq aire¢tap 5. N. Muraleedhara Pai.
Kalpaka ,B.uiiders Put ltd
=]f±±def*ca-
hi
havv#\#Ltry
C®unsel fen the Petitioners I and` 2 C®unsct` fen the kespondents 3, 4-. & 5-
a.t¥|il5 lL
Mv.tr\;b',,qBt
D,7r€Sn
Bfrol Z4rFz%rtyqo 6wutch +J R8
CbrtyteL ^L
BEFORE THE HONOURABLE HIGH €OufIT OF KEIIALA AT ERNAI(ULAM
•WP(C}. Mos. 29051 ®f 2021 c/w 28785 of 2022
Kalpaka Builders Pvt. Ltd. & Anr. Petitioners
Vs.
Sta,te of Kerala & others Respondents
fREPORT SuBMITTED BY MEDIATOR
Mediated and the matter is settled.
The memorandum of settlement is enclosed herewith.
Da,tedthis the 27th day of August, 2025.
Mediator
Ernakulam Mediation Centre
