LEX INSIGHT

Directions of the Kerala High Court  in  Ananda Padmanabhan Vs Union of India - Explained The Backdrop of the Public Interest Litigation (PIL for short) The PIL was filed by Mr Padmanabhan, an advocate practicing in the Kerala High Court and a member of the Society of Construction Law (Kerala).  The Society is founded to promote the study, research, and education of construction law and its allied fields. The pleadings in the case were inspired by the finding of the Report prepared by a Sub Committee constituted by the Society, to study condominium management in Kerala.  The society organized a seminar on 11th February 2023, based on the recommendations of its Sub Committee for interactions with the stakeholders regarding the lacunas in the condominium management law in Kerala. The Petitioner in the PIL Reliefs sought in the PIL The one-liner for the reliefs sought in the PIL is " to repair the pathological provision regarding the application of the Kerala Apartment ...

  The Kerala High Court comes to the rescue of Apartment Owners Introduction Anyone who seriously studied apartment ownership in Kerala will understand that its protection assumed the last place in priority of the state government.  The making of an Apartment Ownership Law without defining the powers of its competent authoirty is a living example.  Therefore, the law which came into force with the Presidential Assent, 40 years ago, was not implemented until recently, when a few apartment owners associations with the assistance of the Court, attempted to enforce the law.     The neglect of the state government appears wilful, when is it argued that the state was succumbing to the pressure of the promoters, who were more powerful when compared to the apartment owners, who are largely unorganized.  The unkindest of all the cuts was the position of the state government before the Kerala High Court to repeal the Kerala Apartment Ownership Act 1983 (the Loca...