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2023 Supreme(Ker) 784

T. R. RAVI
Aleyamma Jose – Appellant
Versus
State Of Kerala represented By Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri S.Ranjit (Kottayam), Sri Abhilash Bhaskar, Sri Gokul Das V.V.H., Sri Binu John
For the Respondent: Sri Bimal K.Nath

JUDGMENT :

The 2nd petitioner is the son of the 1st petitioner, and the 3rd petitioner is a Private Limited Company incorporated under the Companies Act, 1956. Petitioners 1 and 2 had purchased immovable properties measuring 2.85 Ares each comprised in Sy.No.242/3 in Elamkulam Village of Kanayannur Taluk as per Sale Deed Nos.3073/1999 and 3074/1999 registered at the Sub Registrar's Office, Ernakulam. As per Ext.P1 Sale Deed No.3123/2016 of SRO, Ernakulam, petitioners 1 and 2 sold 20% of the undivided fractional share in the property to the 3rd petitioner for a total consideration of Rs.49,50,000/-. The petitioners thereafter decided to develop the entire land by constructing a multi-storeyed residential apartment complex with 15 units. The complex was named 'Dream Flower Ibiza-2'. The construction of the building was completed on 02.02.2018. The occupancy certificate was issued on 19.03.2018 by the Local Authority. The petitioners together sold 10 apartments out of the 15 units, along with the undivided fractional share in the property and undivided interest in the common areas and facilities. After effecting the sale, 4 units and a room, bearing Nos.C103, C203, D304, F402, and Door

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