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Kerala High Court

M/S Pentagon Builders vs The Adjudicating Officer on 12 July, 2024

Author: V.G.Arun

Bench: V.G.Arun

WP(C) No.25013/2024                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
              Friday, the 12th day of July 2024 / 21st Ashadha, 1946
                            WP(C).NO. 25013 OF 2024(B)
   PETITIONERS:

      1. M/S PENTAGON BUILDERS NAZAR SQUARE BUILDING, 2ND FLOOR, 6/23 D,
         KAMUR ROAD, WEST NADAKKAVU, KOZHIKODE, REPRESENTED BY ITS MANAGING
         PARTNER DR. K.M. ASHIK, PIN - 673011
      2. DR. K.M.ASHIK, AGED 58 YEARS, S/O DR. MOIDU, RESIDING AT APARTMENT
         NO. 9B BRIDGETOWN APARTMENTS, NADAKKAVU KOZHIKODE, PIN - 673 011
      3. DR. HASEENA ASHIK AGED 55 YEARS W/O DR. K.M.ASHIK RESIDING AT
         APARTMENT NO. 9B BRIDGETOWN APARTMENTS,NADAKKAVU KOZHIKODE , PIN -
         673011

   RESPONDENTS:

      1. THE ADJUDICATING OFFICER KERALA REAL ESTATE REGULATORY AUTHORITY 5TH
         FLOOR, SWARAJ BHAVAN, NANTHANCODE KOWDIAR P.O THIRUVANANTHAPURAM ,
         PIN - 695003
      2. THE KERALA REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY ITS
         CHAIRMAN 5TH FLOOR,SWARAJ BHAVAN NANTHANCODE KOWDIAR P.O
         THIRUVANANTHAPURAM, PIN - 695003
      3. DR. M.M. ABDUSSALAM AGED 56 YEARS S/O M.A. MOHAMMED KUTTY MEADOWS,
         ATHOLI ROAD, PAVANGAD PUTHIYANGADI P.O PUTHUR AMSOM KOZHIKODE, PIN
         - 673 021


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to pass an order of stay of all futher proceedings in Exhibit P5
   complaint no.CCP 12/2024, filed by the 3rd respondent which is pending
   before the 1st respondent, pending the writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.M.KRISHNAKUMAR, Advocate for the petitioners and of SRI.C.M.NAZAR,
   Advocate for R1 & R2, the court passed the following:
 WP(C) No.25013/2024                           2/3



                                          ORDER

Adv.C.M.Nazar takes notice for R1 & R2. Issue notice to R3 through speed post.

Post on 07-08-2024.

Till such time, the further proceedings in CCP 12/2024 pending before the first respondent shall stand deferred.

Sd/- V.G.ARUN JUDGE 12-07-2024 /True Copy/ Assistant Registrar WP(C) No.25013/2024 3/3 APPENDIX OF WP(C) 25013/2024 Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT ON 25.03.2024