Kerala High Court
The Army Welfare Housing Organisation ... vs Lt. Cdr. Tittu Mathew Joseph on 17 October, 2025
2025:KER:77771
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 58 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.31/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.101/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANTS IN THE COMPLAINT
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M.S.A No.58 of 2025 and Conn.Cases
2
1 WG. CDR. GEORGE ANTONY
AGED 62 YEARS, S/O ANTONY THOTTAPPILLY, FLAT
NO. B1301, B TOWER, CHANDER KUNJ ARMY TOWERS,
SILVER SAND ISLAND, VYTTILA, ERNAKULAM,
PIN - 682019
2 MINI GEORGE
AGED 58 YEARS, W/O GEORGE ANTONY, FLAT NO.
B1301, B TOWER, CHANDER KUNJ ARMY TOWERS,
SILVER SAND ISLAND, VYTTILA, ERNAKULAM,
PIN - 682019
3 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 682031
4 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
5 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT
DEPARTMENT - VIGILANCE WING, VIGILANCE CELL,
19TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
THRIUVANANTHAPURAM, PIN - 695003
6 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
BY ADVS.
SHRI.K.SHAJ, FOR R1 AND R2
SMT.BEENA N.KARTHA
SHRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
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M.S.A No.58 of 2025 and Conn.Cases
3
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.K.S.ARUN KUMAR, SC, FOR R3 AND R4
SHRI.PRAKASH M.P., SC, FOR R6
SHRI.K.DENNY DEVASSY, GP FOR R5
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 59 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.33/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.99/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANTS IN THE COMPLAINT
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M.S.A No.58 of 2025 and Conn.Cases
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1 SAJI THOMAS
AGED 59 YEARS., S/O P.V. THOMAS, 17A2, KENT
GLASS HOUSE, VYTTILA P.O., ERNAKULAM, PIN -
682019
2 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM, REPRESENTED BY
ITS SECRETARY, PIN - 682301
3 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682301
4 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT DEPARTMENT -
VIGILANCE WING, VIGILANCE CELL, 19TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, THRIUVANANTHAPURAM,
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
BY ADV
SHRI.SAJI THOMAS, PARTY IN PERSON
SHRI.K.S.ARUNKUMAR, SC, FOR R2 AND R3
SHRI.PRAKASH M.P., SC, KCZMA, FOR R5
SHRI.K.DENNY DEVASSY, GP, FOR R4
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 60 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.26/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.106/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
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RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANTS & RESPONDENTS 3 TO 6 IN THE COMPLAINT
1 CDR. K.S. MATHEWS
AGED 75 YEARS
S/O LATE K.K. MATHEW, FLAT NO. B1904, B TOWER,
CHANDER KUNJ ARMY TOWERS, SILVER SAND ISLAND,
VYTTILA, ERNAKULAM, PIN - 682019
2 LALITHA MATHEWS
AGED 72 YEARS
W/O CDR. K.S. MATHEWS, FLAT NO. B1904, B TOWER,
CHANDER KUNJ ARMY TOWERS, SILVER SAND ISLAND,
VYTTILA, ERNAKULAM -, PIN - 682019
3 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM, REPRESENTED BY
ITS SECRETARY, PIN - 682031
4 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
5 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT DEPARTMENT -
VIGILANCE WING, VIGILANCE CELL, 19TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, THRIUVANANTHAPURAM,
PIN - 695003
6 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
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M.S.A No.58 of 2025 and Conn.Cases
8
BY ADVS.
SRI.K.SHAJ, FOR R1 AND R2
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.PRAKASH M.P., SC, KCZMA, FOR R6
SHRI.K.S.ARUNKUMAR, SC, FOR R3 AND R4
SHRI.K.DENNY DEVASSY, GP, FOR R5
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 61 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.47/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
RESPONDENT(S)/APPELLANTS & 3RD RESPONDENT IN
REFA/COMPLAINANTS IN THE COMPLAINT
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
10
1 LT. CDR. DAVEED PAUL, REPRESENTED BY HIS P.O.A,
PAUL N.D.
AGED 66 YEARS, S/O DEVASSY, NAZHIYAMPARA HOUSE,
PUSHPAGIRI, K. KUNNU P.O., MELOOR, CHALAKUDY,
THRISSUR, PIN - 680311
2 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURA,
ERNAKULAM, PIN - 682301
BY ADV
SHRI.K.S.ARUN KUMAR, FOR R2
SHRI.K.SHAJ, FOR R1
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 62 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.22/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.97/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
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RESPONDENT(S)/ APPELLANT & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANTS IN THE COMPLAINT:
1 LT. COL. SMITHA RANI E.N.
AGED 48 YEARS
W/O KISHOR P.R., B2503, B TOWER, CHANDERKUNJ
ARMY TOWERS, SILVER SAND ISLAND, VYTTILA,
ERNAKULAM, PIN - 682019
2 KISHOR P.R.
AGED 51 YEARS
S/O P.E. RAJAPPAN, B2503, B TOWER, CHANDERKUNJ
ARMY TOWERS, SILVER SAND ISLAND, VYTTILA,
ERNAKULAM, PIN - 682019
3 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM, REPRESENTED BY
ITS SECRETARY, PIN - 682031
4 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
5 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT DEPARTMENT -
VIGILANCE WING, VIGILANCE CELL, 19TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, THRIUVANANTHAPURAM,
PIN - 695003
6 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
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
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BY ADVS.
SRI.K.SHAJ, FOR R1 AND R2
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SRI.PRAKASH M.P., SC, DENTAL COUNCIL OF INDIA,
FOR R6
SRI.K.S.ARUN KUMAR SC, FOR R3 AND R4
SRI.K.DENNY DEVASSY, GP FOR R5
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 63 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.26/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.106/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
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RESPONDENT(S)/ APPELLANT & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANT AND RESPONDENTS 3 TO 6 IN THE RERA:
1 CHANDER KUNJ WELFARE MAINTENANCE SOCIETY
REG. NO. EKM/TC/86/2024, REPRESENTED BY ITS
PRESIDENT, SAJIE SHANKAR, AGED 49 YEARS, S/O
LATE K.P. SANKARAN NAIR, FLAT NO. C0303, C
TOWER, CHANDER KUNJ ARMY TOWERS, SILVER SAND
ISLAND, VYTTILA, ERNAKULAM, PIN - 682019
2 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM, REPRESENTED BY
ITS SECRETARY, PIN - 682031
3 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
4 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT DEPARTMENT -
VIGILANCE WING, VIGILANCE CELL, 19TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, THRIUVANANTHAPURAM,
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
BY ADVS.
SHRI.K.SHAJ, FOR R1
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SMT.MINU VITTORRIA PAULSON
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M.S.A No.58 of 2025 and Conn.Cases
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SHRI.KEVIN JAMES
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.PRAKASH M.P., SC, KCZMA, FOR R5
SHRI.K.S.ARUNKUMAR, SC, FOR R2 AND R3
SHRI.K.DENNY DEVASSY, GP, FOR R4
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.77/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 64 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.37/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.212/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
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RESPONDENT(S)/ APPELLANT & 3RD RESPONDENT IN
REFA/COMPLAINANTS IN THE COMPLAINT:
1 LT. COL. NOBLE T. GEORGE
AGED 45 YEARS, S/O GEORGE VARGHESE, RESIDING AT
THEKKEDATHU HOUSE, VAKAYAR P.O., KONNI,
PATHANAMTHITTA, PIN - 689698
2 NEENA NOBLE
AGED 42 YEARS, W/O NOBLE T. GEORGE, THEKKEDATHU
HOUSE, VAKAYAR P.O., KONNI, PATHANAMTHITTA, PIN
- 689698
3 THE BOARD OF GOVERNORS
REPRESENTED BY THE CHIEF OF THE ARMY STAFF AND
PRESIDENT, HO OF MOD (ARMY), SENA BHAVAN,
NEW DELHI, PIN - 110001
BY ADVS.
SRI.K.SHAJ, FOR R1
SRI.D.KISHORE, FOR R2
SMT.MEERA GOPINATH
SRI.R.MURALEEKRISHNAN (MALAKKARA)
SHRI.ANANT KISHORE
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 65 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.34/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.213/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
20
RESPONDENT(S)/ APPELLANT & 3RD RESPONDENT IN
REFA/COMPLAINANT & 3RD RESPONDENT IN THE COMPLAINT:
1 LT. COL. SUSAN LEENA JOSEPH (RETD)
AGED 64 YEARS, W/O LAT. V.O. SAMUEL KUTTY,
VAYALIL HOUSE, EDAKKAD DESOM, PUTHIYANGADI,
EDAKKAD P.O., KOZHIKODE, PIN - 673005
2 THE BOARD OF DIRECTORS
REPRESENTED BY THE CHIEF OF THE ARMY STAFF AND
PRESIDENT, HO OF MOD (ARMY), SENA BHAVAN,
NEW DELHI, PIN - 110001
BY ADVS.
SRI.K.SHAJ, FOR R1
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SHRI.AKASH JOSHI
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SMT.RICHA ANNA GEORGE
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
21
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 66 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.46/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.223/2025 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
22
RESPONDENT(S)/ 3RD RESPONDENT IN REFA/COMPLAINANTS IN THE
COMPLAINT:
1 P.T. JOSEPH (SIC) P.H. JOSEPH
AGED 76 YEARS, S/O P.J. THOMAS, VILLA NO. 36,
SKYLINE PALM SPRING VILLA, MANGANAMDESOM,
VADAVATHOOR P.O., KOTTAYAM, PIN - 686010
2 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURA,
ERNAKULAM, PIN - 682301
BY ADV
SHRI.K.SHAJ, FOR R1
SHRI.K.S.ARUN KUMAR, SC, FOR R2
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 67 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.30/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.209/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
24
RESPONDENT(S)/APPELLANT & 3RD RESPONDENT IN
REFA/COMPLAINANT AND 3RD RESPONDENT IN THE COMPLAINT
1 BRIG. OMANA BHARATHAN (RTD)
AGED 61 YEARS, D/O N. KESAVA PILLAI, W/O LATE.
LT. CDR. S. BHARATHAN, RESIDING AT FLOOR NO.6,
B BLOCK, FLAT NO. B0601, CHANDER KUNJ ARMY
TOWERS, SILVER SAND ISLAND, VYTTILA, ERNAKULAM,
PIN - 682019
2 THE BOARD OF GOVERNORS
REPRESENTED BY THE CHIEF OF THE ARMY STAFF AND
PRESIDENT, IHQ OF MOD (ARMY), SOUTH BLOCK, NEW
DELHI, PIN - 110011
BY ADVS.
SRI.K.SHAJ, FOR R1
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SHRI.AKASH JOSHI
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SMT.RICHA ANNA GEORGE
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
25
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 68 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.36/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.211/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
26
RESPONDENT(S)/APPELLANTS & 3RD RESPONDENT IN
REFA/COMPLAINANTS IN THE COMPLAINT
1 LT. DEENAMMA JOHN (RETD)
AGED 72 YEARS, W/O LATE K.R. JOHN (RETD. ARMY
OFFICER), RESIDING AT 3/722, EL-BETHEL,
THRIKKAKKARA P.O., PARAKKAT TEMPLE ROAD,
CHEMBUMUKKU, VAZHAKKALA VILLAGE, ERNAKULAM,
PIN - 682021
2 THE BOARD OF GOVERNORS
REPRESENTED BY THE CHIEF OF THE ARMY STAFF AND
PRESIDENT, IHQ OF MOD (ARMY), SOUTH BLOCK,
NEW DELHI, PIN - 110011
BY ADVS.
SRI.K.SHAJ, FOR R1 AND R2
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SHRI.AKASH JOSHI
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SMT.RICHA ANNA GEORGE
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 17.10.2025, ALONG WITH MSA.77/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
27
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 69 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.35/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.210/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
28
RESPONDENT(S)/APPELLANTS & 3RD RESPONDENT IN
REFA/COMPLAINANTS IN THE COMPLAINT
1 JAYAKUMAR PAROOR
AGED 62 YEARS, S/O N.V.P. PANICKER, RETIRED
GOVERNMENT EMPLOYEE, NOW RESIDING AT FLOOR NO.
23, C BLOCK, FLAT NO. 2301, D. NO. 45/454BY,
CHANDER KUNJ, SILVER SAND, VYTTILA, ERNAKULAM,
PIN - 682019
2 MAVELIL RAMAN HEMA
AGED 55 YEARS, W/O JAYAKUMAR PAROOR, WORKING IN
PRIVATE FIRM, NOW RESIDING AT FLOOR NO. 23, C
BLOCK, FLAT NO. 2301, D. NO. 45/454BY, CHANDER
KUNJ, SILVER SAND, VYTTILA, ERNAKULAM,
PIN - 682019
3 THE BOARD OF GOVERNORS
REPRESENTED BY THE CHIEF OF THE ARMY STAFF AND
PRESIDENT, IHQ OF MOD (ARMY), SOUTH BLOCK,
NEW DELHI, PIN - 110011
BY ADVS.
SRI.JACOB MATHEW MANALIL, FOR R1 AND R2
SMT.PRIYA ELIZABETH BABU
SHRI.HRISHIKESH JAYASARMAN
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.77/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
29
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 72 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.29/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.100/2025 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
30
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 9 IN
REFA/COMPLAINANTS AND RESPONDENTS 3 TO 9 IN THE
COMPLAINT:
1 LT. CDR. V.V. KRISHNAN
AGED 43 YEARS, S/O V.R. VASUDEVAN, RESIDING AT
FLAT NO. B2204, B TOWER, CHANDERKUNJ ARMY
TOWERS, SILVER SAND ISLAND, VYTILLA, ERNAKULAM,
PIN - 682019
2 SMT. DIVYA NAMBISSAN
AGED 38 YEARS, W/O V.V. KRISHNAN, RESIDING AT
FLAT NO. B2204, B TOWER, CHANDERKUNJ ARMY
TOWERS, SILVER SAND ISLAND, VYTILLA, ERNAKULAM,
PIN - 682019
3 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM, REPRESENTED BY
ITS SECRETARY, PIN - 682031
4 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
5 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
6 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
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
31
7 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
8 B.R. AJITH
ARCHITECT, AJIT ASSOCIATES ARCHITECTURAL
CONSULTANTS PVT. LTD., SILVER SAND ISLAND,
VYTTILA P.O., KOCHI- 682019 AND ALSO HAVING
ADDRESS AT 3RD FLOOR, PUTHURAN PLAZA, KPCC
JUNCTION, M.G. ROAD, KOCHI, PIN - 682011
9 M/S AJIT ASSOCIATES, ARCHITECTURAL CONSULTANTS
PVT. LTD.,REPRESENTED BY B.R. AJITH, ARCHITECT
AND MANAGING DIRECTOR, SILVER SAND ISLAND,
VYTTILA P.O., KOCHI - 682019 AND ALSO HAVING
ADDRESS AT 3RD FLOOR, PUTHURAN PLAZA, KPCC
JUNCTION, M.G. ROAD, KOCHI, PIN - 682011
BY ADVS.
SRI.JACOB MATHEW MANALIL, FOR R1
SMT.PRIYA ELIZABETH BABU
SHRI.HRISHIKESH JAYASARMAN
SHRI.PRAKASH M.P., SC, KCZMA, FOR R6
SHRI.K.S.ARUNKUMAR, SC, FOR R3 AND R4
SHRI.K.DENNY DEVASSY, GP, FOR R5
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.77/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
32
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 73 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.28/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.153/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
33
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 5 IN
REFA/COMPLAINANTS IN THE COMPLAINT:
1 LT. CDR. TITTU MATHEW JOSEPH
AGED 39 YEARS, S/O JOSEPH MATHEW, FLAT NO.
C1303, C TOWER, CHANDER KUNJ ARMY TOWERS,
SILVER SAND ISLAND, VYTTILA, ERNAKULAM,
PIN - 682019
2 TWINKLE TOM
AGED 39 YEARS, W/O LT. CDR. TITTU MATHEW
JOSEPH, FLAT NO. C1303, C TOWER, CHANDER KUNJ
ARMY TOWERS, SILVER SAND ISLAND, VYTTILA,
ERNAKULAM, PIN - 682019
3 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 682031
4 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
5 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT
DEPARTMENT - VIGILANCE WING, VIGILANCE CELL,
19TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
THRIUVANANTHAPURAM, PIN - 695003
BY ADVS.
SRI.K.SHAJ, FOR R1 AND R2
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
34
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.K.S.ARUNKUMAR, SC, FOR R3 AND R4
SHRI.K.DENNY DEVASSY, FOR R5
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.77/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
35
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 74 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.23/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.104/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
36
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANTS IN THE COMPLAINT
1 CDR. K.S. MATHEWS
AGED 75 YEARS, S/O LATE K.K. MATHEW, FLAT NO.
B1904, B TOWER, CHANDER KUNJ ARMY TOWERS,
SILVER SAND ISLAND, VYTTILA, ERNAKULAM, PIN -
682019
2 LALITHA MATHEWS
AGED 72 YEARS, W/O CDR. K.S. MATHEWS, FLAT NO.
B1904, B TOWER, CHANDER KUNJ ARMY TOWERS,
SILVER SAND ISLAND, VYTTILA, ERNAKULAM, PIN -
682019
3 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM, REPRESENTED BY
ITS SECRETARY, PIN - 682031
4 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
5 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT
DEPARTMENT - VIGILANCE WING, VIGILANCE CELL,
19TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
THRIUVANANTHAPURAM, PIN - 695003
6 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
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
37
BY ADVS.
SRI.K.SHAJ, FOR R1 AND R2
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.K.S.ARUN KUMAR,SC, FOR R3 AND R4
SHRI.K.DENNY DEVASSY, GP, FOR R5
SHRI.PRAKASH M.P., SC, FOR R6
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.77/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
38
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 75 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.32/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.105/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
39
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANTS IN THE COMPLAINT
1 CAPT. JONES ALEX
AGED 59 YEARS, S/O ALEX NADUVILAMURIYL, FLAT
NO. C2003, C TOWER, CHANDER KUNJ ARMY TOWERS,
SILVER SAND ISLAND, VYTTILA, ERNAKULAM, PIN -
682019
2 ANNIE JONES
AGED 58 YEARS, W/O JONES ALEX, FLAT NO. C2003,
C TOWER, CHANDER KUNJ ARMY TOWERS, SILVER SAND
ISLAND, VYTTILA, ERNAKULAM, PIN - 682019
3 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 682031
4 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
5 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT
DEPARTMENT - VIGILANCE WING, VIGILANCE CELL,
19TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
THRIUVANANTHAPURAM, PIN - 695003
6 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
BY ADVS.
SRI.K.SHAJ, FOR R1 AND R2
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
40
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SMT.BEENA N.KARTHA
SHRI.PRAKASH M.P., SC, KCZMA, FOR R6
SHRI.K.S.ARUNKUMAR, SC, FOR R3 AND R4
SHRI.K.DENNY DEVASSY, GP, FOR R5
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.77/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
41
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 76 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.24/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.98/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
42
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 6 IN
REFA/COMPLAINANTS IN THE COMPLAINT
1 SAJIE SHANKAR
AGED 49 YEARS, S/O LATE K.P. SANKARAN NAIR,
FLAT NO. C0303, C TOWER, CHANDERKUNJ ARMY
TOWERS, SILVER SAND ISLAND, VYTTILA, ERNAKULAM,
PIN - 682019
2 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM
ROAD, TRIPUNITHURA, ERNAKULAM, REPRESENTED BY
ITS SECRETARY., PIN - 682031
3 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
4 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT
DEPARTMENT - VIGILANCE WING, VIGILANCE CELL,
19TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
THRIUVANANTHAPURAM, 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
BY ADVS.
SRI.K.SHAJ, FOR R1
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
43
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O
SHRI.K.S.ARUNKUMAR, FOR R2 AND R3
SHRI.PRAKASH M.P., SC, FOR R5
SHRI.K.DENNY DEVASSY, FOR R4
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.77/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
44
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
MSA NO. 77 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN REFA NO.27/2025 ON
THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL,
ERNAKULAM, ARISING OUT OF THE ORDER DATED 28.02.2025 IN
COMPLAINT NO.152/2024 ON THE FILES OF THE KERALA REAL
ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM
APPELLANT(S)/RESPONDENTS 1 AND 2 IN REFA/RESPONDENTS 1
AND 2 IN COMPLAINT:
1 THE ARMY WELFARE HOUSING ORGANISATION (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),
PRASANA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, PIN - 682031
BY ADVS.
SHRI.BENNY GERVACIS (SR.)
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
45
RESPONDENT(S)/APPELLANTS & RESPONDENTS 3 TO 5 IN
REFA/COMPLAINANTS IN THE COMPLAINT
1 LT. CDR. N. HARISH
AGED 39 YEARS, S/O R.V. NARAYANAN KUTTY, FLAT
NO. B0203, B TOWER, CHANDER KUNJ ARMY TOWRS,
SILVER SAND ISLAND, VYTTILA, ERNAKULAM, PIN -
682019
2 SREELAKSHMI S.
AGED 34 YEARS, W/O LT. CDR. N. HARISH, FLAT NO.
B0203, B TOWER, CHANDER KUNJ ARMY TOWRS, SILVER
SAND ISLAND, VYTTILA, ERNAKULAM, PIN - 682019
3 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM ROAD, TRIPUNITHURAM,
ERNAKULAM, PIN - 682031
4 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT
DEPARTMENT - VIGILANCE WING, VIGILANCE CELL,
19TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
THRIUVANANTHAPURAM, 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
BY ADVS.
SRI.K.SHAJ, FOR R1
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
46
SMT.ARCHANA P.P.
SMT.GOPIKA GOPAL
SMT.RICHA ANNA GEORGE
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SRI.ISSAC MELVIN B.O.
SRI.PRAKASH M.P., SC, DENTAL COUNCIL OF INDIA,
FOR R5
SRI.K.S.ARUNKUMAR, SC, FOR R3
SRI.K.DENNY DEVASSY, GP, FOR R4
THIS MISC. SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH MSA.72/2025, 58/2025
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:77771
M.S.A No.58 of 2025 and Conn.Cases
47
EASWARAN S., J
--------------------------------
M.S.A Nos.58/2025, 59/2025, 60/2025, 61/2025,
62/2025,, 63/2025, 64/2025, 65/2025, 66/2025,
67/2025, 68/2025, 69/2025, 72/2025,73/2025,
74/2025, 75/2025, 76/2025 and 77/2025
-------------------------------
Dated this the 17th day of October, 2025
COMMON JUDGMENT
These appeals raise a common question and being considered together and disposed of by a common judgment.
2. The appellants herein are respondents 1 and 2 in various complaints preferred before the Kerala Real Estate Regulatory Authority. The complaints were instituted at the instance of allotees of the flat constructed by the 1st appellant. A series of complaints arose out the manner in which these flats were constructed and also various defects found in the 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 48 construction. The disputes were set at rest by a Single Bench of this Court in W.P.(C) No.40178/2023 and connected cases dated 03.02.2025. Both parties preferred writ appeal against the said judgment as W.A No.1922/2025, which was also disposed of. In the meantime, it appears that the allotees had approached the Kerala Real Estate Regulatory Authority by preferring complaint raising various issues, which incidentally touched upon the dispute which was raised before this Court in W.P.(C) No.40178/2023 and connected cases. On receipt of the complaint, the Kerala Real Estate Regulatory Authority by order dated 03.10.2024, directed the appellants to register the project as an ongoing project. The said order was challenged before this Court in W.P.(C) No.38942/2024 and connected cases. Various orders were passed by this Court pending consideration of the writ petition.
Subsequently, W.P.(C) No.38942/2024 was finally 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 49 disposed of by judgment dated 25.02.2025, directing the petitioner to prefer appeal before the Kerala Real Estate Appellate Tribunal under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Pertinently, before rendering the judgment in W.P.(C) No.38942/2024, this Court had already disposed of W.P.(C) No.40178/2023 by judgment dated 03.02.2025.
On pronouncement of the judgment in W.P.(C) No.40178/2023, the Kerala Real Estate Regulatory Authority took up the complaints suo motu and by order dated 28.02.2025 disposed of the complaint stating that the authority cannot proceed with the complaint in view of the judgment in W.P.(C) No.40178/2023. The allottees raised a grievance before the Appellate Tribunal stating that the orders were passed without hearing them. In the series of appeals preferred before the Appellate Tribunal, the impugned order in these present appeals were passed, setting aside the order dated 28.02.2025 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 50 and restoring the earlier direction for registration and directing the Kerala Real Estate Regulatory Authority to proceed with the complaint in accordance with the provisions of the Real Estate (Regulation and Development) Act, 2016. This order by the Kerala Real Estate Appellate Tribunal, Ernakulam, is questioned in these present appeals.
3. Heard Shri.Benny Gervacis, the learned Senior Counsel assisted by Shri.Abi Benny Areeckal, appearing for the appellants, Shri.K.Shaj, the learned counsel appearing for the respondents, Shri.D.Kishore, the learned counsel appearing for the 2 nd respondent in M.S.A No.64/2025, Shri.Jacob Mathew Manalil, the learned counsel appearing for respondents 1 and 2 in M.S.A No.69/2025 and for the 1st respondent in M.S.A No.72/2025, Shri.Saji Thomas, party in person appearing in M.S.A No.59/2025, Shri.K.Denny Devassy, the learned Senior Government Pleader appearing on behalf of State, 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 51 Shri.K.S.Arun Kumar, the learned Standing Counsel appearing on behalf of Thripunithura Municipality, Shri.C.M.Nazar, the learned Standing Counsel appearing on behalf of the Kerala Real Estate Regulatory Authority and Shri.Prakash M.P., the learned Standing Counsel appearing on behalf of the Kerala Coastal Zone Management Authority (KCZMA).
4. Though various arguments were raised touching upon the sustainability of the orders passed by the Kerala Real Estate Regulatory Authority as well as by the Appellate Tribunal, this Court is of the considered view that at this stage, this Court need not enter into the merits of the respective contentions raised by the parties. It is a common case that while passing the order dated 28.02.2025, the Kerala Real Estate Regulatory Authority did not afford an opportunity to the complainants or the respondents herein to present their view. Therefore, in a case were the decision was taken 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 52 by the primary authority in violation of principles of natural justice, the Appellate Tribunal, ideally should have remanded the matter back for a fresh consideration on merits touching upon the various issues projected before it. This is more so when, the appellants herein contended that in the light of the decision taken by this Court in W.P.(C) No.40178/2023 and connected cases, no purpose will be served in proceeding with the complaint, but whereas the allottees contended that, the remedy before the Kerala Real Estate Regulatory Authority is an alternative and additional remedy, which cannot be foreclosed by this Court. It is also the case of the allotees that once an order of registration is passed by authority, it is not possible for the authority to have the said order recalled for want of power under the statute.
5. It is the further case of the allotees that the directions issued by this Court in judgment dated 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 53 25.02.2025 in W.P.(C) No.38942/2024 is not complied by the appellants and no appeal was preferred against order dated 03.10.2024. But however, this Court finds considerable force in the submissions of the learned Senior Counsel, Shri.Benny Gervacis, appearing for the appellants, by the time the appellants could exercise the right of preferring an appeal, the Kerala Real Estate Regulatory Authority had suo motu closed all the complaints and thereby the effect of the order dated 03.10.2024 was negated, and therefore no appeal could have been filed.
6. Be that as it may, the facts remains that neither the allottees nor the respondents in the complaint were heard by the Kerala Real Estate Regulatory Authority before taking a decision as now revealed by its order dated 28.02.2025. In such circumstances, it is imperative for this Court to hold that the Appellate Tribunal exceeded in its jurisdiction in 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 54 restoring the order dated 03.10.2024 and directing the authority to proceed with the consideration of the complaint on merits. In all fairness, the Appellate Authority should have remanded the matter back to the original authority for re-consideration of the proposal to draw further proceedings in the complaints.
7. Accordingly, this Court finds that it will be sufficient if this Court answers the additional substantial question of law framed, because, at this point of time answering the substantial questions of law framed in the memorandum of appeal will foreclose the consideration of the matter afresh by the Kerala Real Estate Regulatory Authority. Thus answering the additional substantial question of law, it is held that the Appellate Tribunal ought not have directed the restoration of the order dated 03.10.2024 and ought to have directed the KRERA to consider the issue afresh.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 55
8. Resultantly, the order dated 10.06.2025 passed by the Kerala Real Estate Appellate Tribunal, Ernakulam, stands set aside. The matter is remanded back to the Kerala Real Estate Regulatory Authority for considering the issue as to whether the complaints are liable to be proceeded in the light of the decision of this Court in W.P.(C) No.40178/2023 and connected cases and W.A. No.1922/2025 and connected cases. It will be open for the complainants to place their submissions including the power of the Kerala Real Estate Regulatory Authority to recall its order dated 03.10.2024. The appellants will also be entitled to place their submissions in support of their case. The parties shall appear before the Kerala Real Estate Regulatory Authority on 30.10.2025. On such appearance, the Kerala Real Estate Regulatory Authority shall consider the respective contentions and take a decision on the preliminary issue as now canvassed before this Court untrammeled by any 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 56 observations made by the Appellate Tribunal or by this Court in this judgment and strictly in accordance with merits, at any rate, within a period of two months from the date of their appearance.
It is made clear that since the complaints were closed, and that this Court has directed the Kerala Real Estate Regulatory Authority to consider the issue as a preliminary issue, the complaints shall stand restored to file for the limited purpose of considering the issues as directed by this Court. It is made clear that the further proceedings in the complaints will take effect only after the decision is rendered by the Kerala Real Estate Regulatory Authority as directed by this Court.
Sd/-
EASWARAN S. JUDGE AMR 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 57 APPENDIX OF MSA 58/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 101/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 101/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 58 APPENDIX OF MSA 59/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 99/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 99/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 59 APPENDIX OF MSA 60/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 106/2024 AND CONNECTED CASES Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 106/2024 AND CONNECTED CASES Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 60 APPENDIX OF MSA 61/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure D TRUE COPY OF THE COMMUNICATION NO.
302/LC2/KRERA/2025 DATED 18.03.2025 BY THE K-RERA.
Annexure E A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 61 APPENDIX OF MSA 62/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 62 APPENDIX OF MSA 63/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 103/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 103/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 63 APPENDIX OF MSA 64/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 99/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 99/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 64 APPENDIX OF MSA 65/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 213/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 213/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 65 APPENDIX OF MSA 66/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 66 APPENDIX OF MSA 67/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 209/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 67 APPENDIX OF MSA 68/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 68 APPENDIX OF MSA 69/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 69 APPENDIX OF MSA 72/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 100/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 100/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 ISSUED BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 70 APPENDIX OF MSA 73/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 71 APPENDIX OF MSA 74/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 104/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 104/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 72 APPENDIX OF MSA 75/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 105/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 105/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA 2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 73 APPENDIX OF MSA 76/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 98/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 98/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.
2025:KER:77771 M.S.A No.58 of 2025 and Conn.Cases 74 APPENDIX OF MSA 77/2025 PETITIONERS' ANNEXURES Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 03-10-2024 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure B A TRUE COPY OF THE JUDGMENT DATED 03- 02-2025 IN W.P.(C) NO. 40178/2023 AND CONNECTED CASES BY THE HON'BLE HIGH COURT OF KERALA.
Annexure C A TRUE COPY OF THE ORDER DATED 28-02- 2025 ISSUED BY THE K-RERA IN COMPLAINT NO. 97/2024 AND CONNECTED CASES.
Annexure D A TRUE COPY OF THE ORDER IN R.P. NO.
304/2025 AND CONNECTED CASES DATED 25.06.2025 BY THE HON'BLE HIGH COURT OF KERALA.