JUDGMENT :

M.A. ABDUL HAKHIM, J.

1. This Miscellaneous Second Appeal filed under Section 58 of the Real Estate (Regulation and Development Act) 2016 (for short, ‘RERA’) is admitted by this Court, formulating the following substantial questions of law.

(i) Whether the term “person causes to be constructed” used in the definition of “promoter” as per Section 2 (zk) of the RERA includes landowners?

(ii) Whether the Explanation to the definition of ‘promoter’ as per Section 2(zk) of the RERA a landowner is also to be treated as a promoter for all the functions and duties under the RERA?

(iii) Whether the landowners are also liable to be treated as a co-promoter for the purpose of registration of real estate projects under Section 3 of the RERA?

2. This Miscellaneous Second Appeal is filed by the appellant-builder challenging the Order of the Kerala Real Estate Regulatory Authority (for short ‘the K-RERA’) dated 18.09.2023 holding that the appellant is the sole promoter of the project “Pooja Arcade” and directing the appellant to register the said project before the K-RERA under Section 3 of the RERA within 15 days from the date of receipt of the order, failing which, the K-RERA shall be cons