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2026 Supreme(Online)(Ker) 9389

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SUNSHINE ABODES PVT LTD – Appellant
Versus
VENOY THOMAS – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Sreehari Indukaladharan, Sri. S. Shyam Kumar
For the Respondents: Sri. P. Fazil, Sri. Jithin Paul Varghese, Sri. Saju Thaliath, Smt. Jayasree Manoj, Smt. C. Prabitha, Sri. Fadil Fazil, Smt. Aswathy Jayachandran, Smt. Akshaya Thomas

JUDGMENT

Heard Sri. Sreehari Indukaladharan, the learned Counsel for the appellants and Sri. Jithin Paul Varghese for the respondents.

2. This appeal is directed against the Order of the Kerala Real Estate Appellate Tribunal, Ernakulam, affirming an order of the Kerala Real Estate Regulatory Authority (K-RERA) dismissing an appeal directing the appellants to take out registration of a project.

2.1. It is the contention of the appellants that only 6 allottees have approached the K-RERA with complaints of non-completion of the project whereas the Sale Agreement as well as the Sale Deeds were executed prior to the cutoff date i.e. 01.05.2017. But it is an admitted case that the appellants did not have the Completion Certificate before the cutoff date. It is case of the appellants that the Completion Certificate was delayed not due to any fault on the part of the appellants but due to certain administrative exigencies at the hands of the local authorities. It is also contended that the local authorities had imposed certain penalty on the appellants for not having a requisite space for entry of fire engines and thus they could not produce a valid NOC from the Fire Department. Aggrieved b

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