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2026 Supreme(Online)(Ker) 13021

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
P.A.JIHAS – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.V.PREMCHAND
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SHRI.PAULOSE C. ABRAHAM, SHRI.CHETHAN KRISHNA R., SHRI.NANDAGOPAL S. KURUP, SC

JUDGMENT Dated this the 23rd day of February, 2026 Soumen Sen, C.J.

The order of attachment/demand notice issued by the first respondent for realization of the amount payable to the fifth respondent was the subject matter of challenge in the writ petition.

2. The first petitioner is the Managing Director of M/s. Jewel Homes Private Limited. On the basis of a complaint filed under Sections 31 and 71 of the Real Estate (Regulation & Development) Act, 2016, at the instance of the private respondent, the Adjudicating Authority passed an order on 1.02.2021 directing the appellants to refund a sum ₹

of 25,00,000/- with interest at the rate of 14.05% per annum.

3. The said order was challenged before the Kerala Real Estate Appellate Tribunal in REFA Nos.20 and 44 of 2021. By order dated 28 October 2022, the Appellate Tribunal remanded the matter directing the Adjudicating Authority to recalculate the compensation and also to determine the quantum of interest payable by the builder. Accordingly, by order dated 19 March 2024, the ₹

Adjudicating Authority directed payment of 25,00,000/- in instalments together with interest on the instalment amounts at the rate of 14.05%.

4. The appellants ther

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