IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946 WP(C) NO. 17197 OF 2023 PETITIONER: M/S POWERLINK BUILDERS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SRI.PRADEEP P., AGED 62 YEARS, S/O.LATE PRABHAKARA MENON, G-3, AISWARYA, JAWAHAR NAGAR, KOWDIAR PO, THIRUVANANTHAPURAM, PIN – 695 003. BY ADVS. PIRAPPANCODE V.S.SUDHIR AKASH S. GIRISH KUMAR M S DEVIKA JAYARAJ RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2 INSPECTOR GENERAL OF REGISTRATION, DEPARTMENT OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM, PIN – 695 035. 3 THE SUB REGISTRAR, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN – 695 010. BY SMT.JASMINE M.M, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17197 OF 2023 2 JUDGMENT I have by separate order today, disposed of Review Petition No.754 of 2024 in W.P(C)No.17197 of 2023. I have found that the petitioner in the writ petition was guilty of suppression of material facts, as a result of which, I have recalled the judgment dated 17.08.2023 in this writ petition. Since I have found that the writ petitioner was guilty of suppression of material facts, I am of the view that the writ petitioner is not entitled to any discretionary relief from this Court. The writ petition will therefore, stand dismissed upon the finding that the petitioner is guilty of suppression of material facts. Though this finding should have normally entailed the imposition of exemplary costs, taking a lenient view, I refrain from doing so. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 17197 OF 2023 3 APPENDIX OF WP(C) 17197/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JOINT DEVELOPMENT AGREEMENT DATED 10.07.2014 EXECUTED BETWEEN THE PETITIONER AND ONE HILLARY FELSON, RESIDING AT KESTON TOWERS, AF, KAWDIAR P.O., THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE HILLARY FELSON IN FAVOUR OF THE PETITIONER DATED 23.07.2014 Exhibit P3 TRUE COPY OF THE SUPPLEMENTARY JOINT DEVELOPMENT AGREEMENT DATED 23.10.2020 EXECUTED BETWEEN THE PETITIONER AND HILLARY FELSON Exhibit P4 TRUE COPY OF THE AGREEMENT FOR SALE DATED 03.10.2022, EXECUTED BY THE PETITIONER, IN HIS CAPACITY AS THE PROMOTER AND POWER OF ATTORNEY HOLDER OF THE SELLER IN FAVOUR OF ONE MR.DILIP KUMAR P, AN ALLOTTEE OF APARTMENT 8A Exhibit P5 TRUE COPY OF THE CIRCULAR NO.10030/E2/07/TAXES DATED 08.05.2007 RESPONDENT EXHIBITS Exhibit R3(a) INSTRUCTIONS HAVING NO.10030/E2/07 DATED 08.05.2007 ISSUED BY GOVERNMENT OF KERALA.