Kerala High Court
M/S Asten Realtors Private Limited vs The District Collector on 29 July, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946
WP(C) NO. 1433 OF 2023
PETITIONERS:
1 M/S ASTEN REALTORS PRIVATE LIMITED
HAVING REGISTERED OFFICE AT 3RD FLOOR,
COMPASS, N.H BYPASS,
THAMMANAM P.O., ERNAKULAM, KOCHI -682032
REP BY MANAGING DIRECTOR,
SIRAJ MATHER, AGED 61
S/O KM ABDUL RAHMAN MATHER, 33/29A,
'PROMENADE', MATHER PROJECTS,
PAVOOR ROAD, PADIVATTOM,
EDAPPALLY P.O
KOCHI - 682024
2 SIRAJ MATHER
AGED 61 YEARS
S/O KM ABDUL RAHMAN MATHER, MANAGING DIRECTOR
M/S ASTEN REALTORS PRIVATE LIMITED 33/29A,
'PROMENADE' MATHER PROJECTS,
PAVOOR ROAD, PADIVATTOM,
EDAPPALLY P.O.,
KOCHI - 682024
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD
ERNAKULAM- 682 030,
2 THE DEPUTY TAHSILDAR
REVENUE RECOVERY, KANAYANNUR TALUK
ERNAKULAM, PIN - 682011
3 VILLAGE OFFICER
EDAPPALLY, SOUTH VILLAGE OFFICE,
MARINE DRIVE, KOCHI-682011
4 THE SECRETARY
KERALA REAL ESTATE REGULATORY AUTHORITY 6TH FLOOR,
TRINITY CENTRE, TC NO. 14/4354,
KESAVADASAPURAM, PATTOM,
WP(C) No.1433 of 2023
2
THIRUVANANTHAPURAM, PIN - 695004
5 FRANCIS AMBATTU CHACKO
9-A, SKYLINE MARBLE ARCH,
JUDGES AVENUE,KALOOR,
ERNAKULAM-682017
SRI.HANIL KUMAR-SPECIAL GOVERNMENT PLEADER
SRI.C.M.NAZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.1433 of 2023
3
JUDGMENT
Dated this the 29th day of July, 2024 The petitioners have approached this Court seeking to direct the 1st respondent-District Collector to consider Ext.P7 Appeal preferred by the petitioners within a time limit. The petitioners also seek to direct the 2 nd respondent-Deputy Tahsildar to keep in abeyance the recovery proceedings under Ext.P6, till a decision is taken under Ext.P7.
2. When this writ petition came up for hearing today, counsel for the petitioners submitted that they have approached the Kerala Real Estate Appellate Tribunal, Ernakulam filing REFA.45 of 2022 and the Appellate Tribunal in I.A.No.152 of 2024 has passed an order dated 05.06.2024 directing that the order under challenge in the Appeal cannot be enforced till a decision is taken in the WP(C) No.1433 of 2023 4 proceedings before the National Company Law Tribunal.
3. In view of the said appellate order, the petitioners do not want to prosecute this writ petition.
The writ petition is therefore disposed of recording the said submission made on behalf of the petitioners.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.1433 of 2023 5 APPENDIX OF WP(C) 1433/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT NO.125/2021 SUBMITTED BEFORE THE 4TH RESPONDENT WITHOUT ANNEXURES DATED NIL Exhibit P2 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT WITHOUT ANNEXURES DATED NIL Exhibit P3 TRUE COPY OF THE ORDER DATED 24.11.2021 IN COMPLIANT NO.125/2021 Exhibit P4 TRUE COPY OF THE APPEAL WITH NO. REFA NO.45/2022 AND STAY PETITION BEFORE THE REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM WITHOUT ANNEXURES DATED NIL Exhibit P5 TRUE COPY OF THE IA NO.121/2022 SUBMITTED BEFORE THE AUTHORITY Exhibit P6 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.12.2022 Exhibit P7 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 1ST RESPONDENT DATED NIL