WP(C) No.38760 of 2024 1 2025:KER:27618 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO.38760 OF 2024 PETITIONER: P.A.JINAS, AGED 53 YEARS S/O ABDUL RAHMAN, MANAGING DIRECTOR, M/S GALAXY HOMES PRIVATE LIMITED, 6TH FLOOR, GALAXY SQUARE, RAJAJI ROAD JUNCTION, M.G.ROAD, ERNAKULAM, RESIDING AT:- SHARAFUL ISLAM SCHOOL LANE, DESHABHIMANI ROAD, KALOOR P.O., ERNAKULAM DISTRICT, PIN - 682017 BY ADVS. MANOJ RAMASWAMY S.SREEKUMAR (SR.) JOLIMA GEORGE C.B.SABEELA APARNA G. MUHAMMED HAROON THAMEEM NAMITHA BABU RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 WP(C) No.38760 of 2024 2 2025:KER:27618 2 THE DISTRICT COLLECTOR O/O DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 3 THE DEPUTY THAHSILDAR (RR) TALUK OFFICE, KANAYANNUR TALUK, ERNAKULAM, PIN - 682011 4 THE VILLAGE OFFICER EDAPPALLY SOUTH VILLAGE, ERNAKULAM, PIN - 682028 5 SUNIL NAMBIAR 9A, ORCHID COURT APARTMENTS, AMBELIPADOM ROAD, PANCHAVADI COLONY, PONNURUNI, VYTTILA, ERNAKULAM, PIN - 682019 BY ADVS. V.A.VINOD N.S.AJAY(K/524/2000) V.K.SUNIL, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.38760 of 2024 3 2025:KER:27618 JUDGMENT The 5th respondent had filed a complaint before the Kerala Real Estate Regulatory Authority [for short, ‘RERA’] against Galaxy Homes Pvt. Ltd. and its Managing Director, the petitioner herein, seeking compensation for the delay in handing over the apartment constructed as per the agreement executed between them. The said complaint was allowed as per Ext.P1. Pursuant to Ext.P1, Ext.P2 execution petition was filed by the 5th respondent and the RERA passed Ext.P3 order directing the Secretary, RERA to issue revenue recovery requisition to the 2nd respondent. Pursuant thereto, the 2nd respondent issued Ext.P4 notice to the petitioner under Section 34 of the Kerala WP(C) No.38760 of 2024 4 2025:KER:27618 Revenue Recovery Act, 1968. The petitioner filed an objection to Ext.P4 stating that the property referred to in Ext.P4 differs from that described in the schedule to Ext.P2. The petitioner had also preferred an appeal against Ext.P1 order. Later, Ext.P6 notice of attachment was issued by the 3rd respondent. The petitioner has filed this writ petition challenging Exts.P4 and P6. The main contention of the petitioner is that the property described in Exts.P4 and P6 differs from that in Ext.P2. 2. During pendency of this writ petition, the appeal preferred against Ext.P1 was dismissed. 3. Heard Sri.Manoj Ramaswamy, the learned Counsel for the petitioner, Sri.V.A.Vinod, the WP(C) No.38760 of 2024 5 2025:KER:27618 learned Counsel for the 5th respondent and the learned Government Pleader. 4. Sri.Vinod would contend that the only attempt of the petitioner is to delay the execution of Ext.P1 order. 5. Since the only contention of the petitioner is that, the property referred to in Exts.P4 and P6 differs from the property referred to in Ext.P2, it is for the 3rd respondent to verify the same at the time of execution. Therefore, this writ petition is disposed of directing the 3rd respondent to verify the discrepancy pointed out by the petitioner with regard to the property in Exts.P4, P6 and P2 at the time of execution. It will be open to the petitioner to give details WP(C) No.38760 of 2024 6 2025:KER:27618 of his properties to the 3rd respondent for the purpose of execution, within one week from the date of receipt of a copy of this judgment. The execution of the order shall be taken to a logical conclusion immediately thereafter. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/01/04/2025 WP(C) No.38760 of 2024 7 2025:KER:27618 APPENDIX OF WP(C) 38760/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 03.01.2024 IN COMPLAINT NO.104 OF 2023 PASSED BY THE KERALA REAL ESTATE REGULATORY AUTHORITY Exhibit P2 TRUE COPY OF THE E.P. NO. 16 OF 2024 FILED BY THE 5TH RESPONDENT BEFORE THE KERALA REAL ESTATE REGULATORY AUTHORITY ALONG WITH THE LIST OF ASSETS AND STATEMENT OF ACCOUNTS Exhibit P3 TRUE COPY OF THE ORDER DATED 31.05.2024 IN E.P. NO.16/2024 IN COMPLAINT NO. 104 OF 2023 PASSED BY THE KERALA REAL ESTATE REGULATORY AUTHORITY Exhibit P4 TRUE COPY OF THE DEMAND NOTICE VIDE RRC NO.2024/16083/01 DATED 12.07.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE OBJECTION DATED 29.07.2024 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE NOTICE VIDE NO.E7- 2024/16083/01 DATED 09.09.2024 ISSUED BY THE 3RD RESPONDENT