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2021 Supreme(Online)(KER) 27095

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
P.A. JINAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SANTHOSH MATHEW, VIJAY V. PAUL, GOKUL ASOK, ANANDAPADMANABHAN UNNIKRISHNAN, SHERYL ELIZABATH SEBASTIAN, WAFA KHATHEEJA, S.JAMAL, C.M.NAZAR

J U D G M E N T

The above of writ petition is filed with the following prayers;

“ i. Call for the records relating to Ext.P11 and set aside the same by issue of a writ of certiorari or such other appropriate writ, direction or order;

ii. Issue a writ of mandamus or any other appropriate writ, order or direction declaring that Ext.P8 complaints filed under the RERA Act 2016 seeking for enforcement of the contractual obligations arising out of the agreement entered into by the parties as per Ext. P2 and P3 are not maintainable.

iii. Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the RERA Act 2016 shall not apply in respect of agreements executed between parties before the coming into force of the RERA Act 2016.

iv. Issue any appropriate writ, order or direction under Article 226 of the Constitution declaring that Section 18 of the RERA Act 2016 shall not apply to agreements executed between the parties prior to the enactment of the RERA Act 2016.

v. Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit and just in the circumstances of the case. ”

2. The main challenge in this writ petition is against Ext.P11

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