H.JOSH Vs. TOM JOSE

JUDGEMENT

(1.) This Contempt Petition is filed complaining that the interim order dated 05.09.2019 passed by this Court in W.P.(C) No. 24183 of 2019 is not complied with.

(2.) As per the said order, a direction was issued to respondent Nos. 1 to 3 in the writ petition, i.e., the State of Kerala represented by Chief Secretary, Secretary, Department of Housing, Secretariat, Trivandrum and the Secretary, Department of Law, Secretariat, Trivandrum respectively, not to appoint respondent No. 4 i.e., Shri. P.H. Kurien, if he was in the Selection Committee for selecting the members of the Real Estate Authority as per the provisions of the Kerala Real Estate (Regulation and Development) Rules, 2018 ('Rules, 2018' for brevity). However, it was made clear that the State Government will be at liberty to follow the procedure contemplated under Rule 20 of Rules, 2018 to constitute an appropriate selection committee and follow the procedure thereunder and go ahead with the constitution of the members of the Real Estate Authority.

(3.) According to the Contempt petitioner, the State Government has violated the directions contained in the interim order and the Chairman and members were appointed as per Government Order dated 05.10.2019, violating the provisions of the Real Estate(Regulation and Development) Act , 2016 ('Act, 2016' for short) and the Rules, 2018.