Madras High Court
T.K.Chandrasekaran vs Tamil Nadu Real Estate on 29 June, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
C.R.P(PD) No.1133 of 2022 and
C.M.P.No.5873 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2022
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P (PD).No.1133 of 2022 and
C.M.P.No.5873 of 2022
1.T.K.Chandrasekaran
2.T.K.Saravanan
3.T.K.Purushothaman ... Petitioners
Cause titled accepted vide Court order dated 21.03.2022
made in C.M.P.No.4401 of 2022 in C.R.P SR.No.24049 of 2022
Vs.
1.Tamil Nadu Real Estate
Regulatory Authority (TNREA),
Rep. by its Chairman,
1st Floor, No.1/A,
Gandhi Irwin Bridge Road,
Egmore, Chennai 600 008.
2. Ramapriya Srinivasan
3.N.Ravindran ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the order dated 31.01.2022, passed in File
No.TNRERA/A4/5910/2021 by the first respondent by allowing the present
civil revision petition.
For Petitioners : Mr.K.Bijai Sundar
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C.R.P(PD) No.1133 of 2022 and
C.M.P.No.5873 of 2022
For Respondents : Mr.E.Vijay Anand, AGP for R1
Mr.Muralikumaran for
M/s.McGan Law Firm for R2
ORDER
This Civil Revision Petition has been filed to set aside the order dated 31.01.2022, passed in File No.TNRERA/A4/5910/2021 by the first respondent by allowing the present civil revision petition.
2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader for R1 and the learned counsel for R2.
3. The revision petitioners are the respondents 1 to 3 in the impugned proceedings. The Real Estate Regulatory Authority (hereinafter referred to as RERA) had entertained an application filed by the second respondent / petitioner and passed the following order:
“26. Therefore, in the interest of the home buyers / Allottees including the petitioner, this Authority restrains the respondents from executing any undivided share in the schedule property of the Joint Venture Agreement dated 23.08.2011, from the date of this order until final orders are passed by the Hon'ble High Court of Madras in C.S.No.724 of 2018. A copy of the order of this Authority is transmitted to the jurisdictional SRO for appropriate action in this regard.2/8
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27.As the title of the land on which this real estate project is being developed itself is under dispute, this Authority refrains from giving any direction to the respondent Builder to complete the construction as per the Construction Agreement dated 09.11.2018, as prayed for by the petitioner.
28. A copy of this order is also transmitted to the Commissioner, Greater Chennai Corporation to take appropriate action regarding deviations, if any, in the approved building plan No.PPA/WDCN09/06915/2014 dated 18.12.2014, accorded by the Greater Chennai Corporation.” Aggrieved over that, these revision petitioners have preferred this civil revision petition.
4. The learned counsel for the petitioners submitted that the RERA does not have jurisdiction even to entertain the petition because the project in question need not be registered under RERA and hence, the exercise of jurisdiction by the RERA is ultra vires and hence, the impugned order should be set aside. The attention of this Court has been drawn to paragraph No.21 of the order, wherein, the following observation had been made: 3/8
https://www.mhc.tn.gov.in/judis C.R.P(PD) No.1133 of 2022 and C.M.P.No.5873 of 2022 “21. As per the copy of the approved building plan, the number of dwelling units to be constructed in 4. Therefore, this real estate project is not registrable in view of the dwelling units not exceeding 8 and the land to be developed being less than 500 sq.mtr.” By referring to the above said observation, the learned counsel for the petitioners submitted that the learned Regulatory Authority has observed that this project will not fall within the jurisdiction and hence, this proceedings itself is not maintainable.
5. The learned counsel for the respondents submitted that in paragraph No.22 of the said order, RERA referred about the case decided by the Appellate Tribunal and concluded that it has jurisdiction to deal with the matter and passed the impugned order. Prior to the petition before RERA, a petition in W.P.No.23432 of 2021, was filed by the very same petitioner before this Court seeking direction against the respondents therein. In the said writ petition, the revision petitioners were arrayed as respondents 4 to 6. In the order of the writ petition dated 29.10.2021, a direction was given to the RERA to consider the representation dated 25.09.2021, of the petitioner therein and pass an order in accordance with law. Only thereafter, the impugned order was 4/8 https://www.mhc.tn.gov.in/judis C.R.P(PD) No.1133 of 2022 and C.M.P.No.5873 of 2022 passed.
6. The learned counsel for the respondents submitted that at the time when the order was passed in the writ petition for giving direction to RERA to consider the matter, the revision petitioners did not challenge the same, though they were parties to the proceedings.
7. The order in the writ petition was passed even before notice was ordered to the respondents therein and hence, they cannot be found fault for not challenging the order passed in the writ petition. Whatever may be the case, it is seen from the impugned order that the RERA has assumed jurisdiction to deal with the matter by placing reliance on the decision rendered in Appeal.No.75 of 2019, dated 09.11.2020 in the case of Olympia Grande Apartment Owner's Welfare Association Vs. M/s.KSM Nirman Pvt. Ltd. When a finding has been rendered on the point of jurisdiction by placing reliance on the earlier order of the Appellate Tribunal, the next course open to the revision petitioners can be only to challenge the order before the appropriate Appellate Authority and not by way of filing the revision. 5/8 https://www.mhc.tn.gov.in/judis C.R.P(PD) No.1133 of 2022 and C.M.P.No.5873 of 2022
8. Hence, the Civil Revision Petition stands disposed and the petitioners are at liberty to file an appeal in accordance with law and while calculating the period of limitation for filing appeal, the period of time during which this Civil Revision Petition was pending shall be excluded. No costs. Consequently, connected miscellaneous petition is closed.
29.06.2022 Index : Yes/No Speaking or Non-speaking order gsk To The Chairman, 6/8 https://www.mhc.tn.gov.in/judis C.R.P(PD) No.1133 of 2022 and C.M.P.No.5873 of 2022 Tamil Nadu Real Estate Regulatory Authority (TNREA), 1st Floor, No.1/A, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.
7/8 https://www.mhc.tn.gov.in/judis C.R.P(PD) No.1133 of 2022 and C.M.P.No.5873 of 2022 R.N.MANJULA, J.
gsk C.R.P(PD) No.1133 of 2022 C.M.P.No.5873 of 2022 29.06.2022 8/8 https://www.mhc.tn.gov.in/judis