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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M/S. ORCHID HABITAT PRIVATE LTD., REPRESENTED BY ITS MANAGING DIRECTOR, FORT VALLEY, ATHANI, KAKANAD P.O., ERNAKULAM – Appellant
Versus
STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – Respondent
| Table of Content |
|---|
| 1. challenge to k-rera's authority. (Para 1 , 2) |
| 2. jurisdiction lies with the 2nd respondent. (Para 3) |
JUDGMENT
This writ petition is submitted by the petitioners challenging the proceedings before the 3rd respondent, based on the complaint submitted by the respondents 4 to 11 herein. The petitioners are also seeking a declaration that the 3rd respondent is not the authority empowered under the RERA Act to adjudicate matters especially for the alleged violation of Section 3 (1) of the Act.
2. The facts that led to the filing of this writ petition are that, during the process of considering Exts.P2 series complaints submitted by the party respondents, Ext.P6 order was passed by the 3rd respondent, the adjudicating officer, holding that the project has not been registered under the RERA and hence matter was referred to K-RERA. The proceedings pursuant to Exts.P2 series were ordered to be kept in abeyance. On the basis of Ext.P6, now the K-RERA issued Ext.P7 show cause notice to the petitioners alleging violation of Section 3 (1) of the Real Estate (Regulation and Development) Act in 2016, for not obtaining registration. The petitioners have already submitted a detai
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