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Harmonizing Apartment Ownership in Kerala: High Court Pushes for Strict Compliance with RERA and State Laws

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The legal landscape for apartment ownership in Kerala is undergoing a significant transformation as the High Court of Kerala intensifies its oversight of the implementation of the Kerala Apartment Ownership Act (KAOA), 1983, in conjunction with the Real Estate (Regulation and Development) Act (RERA), 2016. Recent judicial directions have set the stage for a more transparent and accountable real estate sector in the state. Judicial Oversight and the Call for Accountability In a pivotal order dated February 4, 2026, a Division Bench of the High Court, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., directed the Kerala Real Estate Regulatory Authority (K-RERA) to file a formal affidavit. This affidavit must detail the concrete steps taken by the authority to implement the government’s mandates regarding the Kerala Apartment Ownership Act, 1983. The court's demand for a "formal affidavit" within a fortnight underscores its commitment to ensuring that administ...

Why We Trouble the Students: A Saturday at GLC Ernakulam

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  Saturday, January 17, 2026. Saturday mornings usually have a distinct rhythm for a lawyer. If the court diary doesn't demand my presence, the family assumes a certain pace will follow. But as I was getting ready this past Saturday, my wife noticed I wasn't in my usual "court mode." "No court today?" she asked, pausing her own routine. "No," I said, adjusting my collar. "I’m heading to the Government Law College, Ernakulam." She looked puzzled. "What for?" "I have a session there," I replied, perhaps with a hint of self-importance. Her response was immediate and cut right through my professional vanity: "Why do you want to trouble those poor students on their weekend?" I froze. Just moments before, I had been buoyed by a wave of noble enthusiasm. In my head, I wasn't just "going to a session." I was heading to the 'Navigating the High Court of Kerala' program, organized by the PCL Found...

RERA vs. KAOA: Government of Kerala Rules Out Repeal of Apartment Ownership Act 1983

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  The apartment ownership law of Kerala is now about 42 years old, yet it has hardly done wonders for home buyers in the State. It is a matter of record that, with the solitary exception of 'Gold Tower, Vazhakkala', scarcely any condominium has been effectively submitted to the provisions of this law. Born with a disability, the Act has been ailing ever since its birth. Despite serious attempts to kill it, the law has survived all such threats. Now, the Government has been forced to declare that this law cannot be prematurely killed. Here, we discuss the recent Government Order which declares that the Kerala Apartment Ownership Act, 1983 is not only alive but mandatory and liable to be enforced. The "Forced" Disability and the Missing Teeth The disability was not in the Act’s "genes"—it was not an inherent flaw in the concept of apartment ownership itself—but was rather forced upon it by its legal draftsmen. The Legislature, seemingly without necessary deli...

The Unwritten Journeys: 2025

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  For me, 2025 marked the "Year of the Journey." These trips were not solo; I was accompanied by my wife. I believe these travels are one of the little comforts the legal profession can offer a spouse, given the long vacations we have. Court vacations, being a hangover of the past, could soon be phased out as many remnants of the Raj are wiped away by successive governments. Therefore, let us enjoy the moment for the present. Our travels began with an extensive tour of England and the continent—spanning the Netherlands, France, Luxembourg, and Germany, before circling back to London. The true highlight of this expedition was not just the destinations, but the method: every leg of the journey was planned and executed entirely by us, without the aid of agents. The year is concluding on a high note with two domestic trips in December. The first took us to Delhi for the launch of my book, The Unwritten Conundrum - Cracking An Implicit Code , released on the sidelines of the Socie...

Beyond the Victory: An Agenda for the Professional Growth of the Bar

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  The dust has settled on the elections. The garlands have been exchanged, and the victory speeches delivered. I extend my heartiest congratulations to the newly elected committee of the Kerala High Court Advocates’ Association. But as the celebrations fade, a sobering reality must take its place. You are taking charge at a time when our profession stands at a crossroads. As a member of this Association, I do not just offer you my wishes; I offer you a checklist of expectations. However, I am not writing to demand better canteen menus or parking slots. My focus is deeper. I am writing to propose a roadmap for the professional development of our members. This is a mandate to move beyond annual promises and invest in the intellectual and practical growth of the Bar—empowering the practitioner of the present and securing the lawyer of the future. 1. From 'Academic' to 'Vocational': A New Education Calendar Historically, our Association has conducted various 'Continuing...