The Social Justice Vigilance Forum, a registered society under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, has approached the Kerala High Court seeking the appointment of a Judicial Member in the Kerala State Real Estate Appellate Tribunal due to an expected vacancy arising on May 28, 2024.
The plea highlights that failure to address this vacancy promptly would lead to prolonged inconvenience for litigants and the general public.
A Division Bench comprising Justice T R Ravi and Justice Harisankar V. Menon has requested instructions on the matter and adjourned the case.
The Real Estate (Regulation and Development) Act of 2016, aimed at regulating real estate affairs and safeguarding consumer interests, was implemented in Kerala on May 1, 2016, establishing the Kerala State Real Estate Regulatory Authority and Kerala State Real Estate Appellate Tribunal.
According to the plea, the Kerala State Real Estate Appellate Tribunal, established by notification dated April 17, 2020, consists of a Chairperson and at least two members—an Administrative/Technical member and a Judicial member. Justice P Ubaid, a retired High Court judge, serves as the Chairperson, with retired District Judge V K Babu Prakash and retired Additional Chief Secretary James Varghese as members.
The plea notes that James Varghese vacated the administrative member’s position on November 27, 2022, and Kuruvila Thomas was appointed only recently. Allegedly, delayed government action in appointing an administrative member left the Tribunal functioning solely with the Chairperson and the Judicial Member.
Furthermore, the plea states that V K Babu Prakash, the judicial member, is set to vacate his office on May 28, 2024, with no indication of a replacement being appointed soon despite prior notification to the government.
The plea raises concerns about the impact on Tribunal operations due to pending appeals and the absence of a judicial member. Allegations suggest that the government’s reluctance to act during elections and the Model Code of Conduct delay necessary appointments.
As an interim measure, the plea requests the retention of the current Judicial Member until a replacement is appointed.
Advocates M.R. Nandakumar M.R., Mayika Sundar, Arjun Anil, Asin V.S., and Anna Maria have moved the plea.
