K.S.Murugan v. Tamilnadu Real Estate Rgulatory Authority

2024:MHC:2340

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH & WMP.Nos.16970 and 16972 of 2024 1.K.S.Murugan 2.S.Latha ... Petitioners Vs.

1.Tamil Nadu Real Estate Regulatory Authority Chennai CMDA Building, Egmore, Chennai 600 008.

2.Income Tax Department, Aayakar Bhavan, Main Building, 121, M.G.Road, Nungambakkam, Chennai 600 034.

3.Meenakshi Krishnakumar, 4.B.Natarajan 5.N.Gurunathan Proprietor of M/s.G.P.Constructions, POA of Res. 3 and 4, s/o G.Narayanasamy, $24, Thirumurthi Street, Ram Nagar, Ambattur, Chennai 600 053.

6.M/s.Aabe Homess (P) Ltd., rep. by its Managing Director, E.Loganathan, (Builder) s/o Eswaran, # Plot No.1458, 16th Street, H-Block, Anna Nagar, Chennai 600 040.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for the records of the 1st respondent relates to the impugned order dated 12-4-2024, in C.No.87 of 2022 to quash the said impugned order to forward the complaint to the 2nd respondent and to direct the respondent 3 to 6, to execute of Deed of Sale in favour of the petitioners and pass such orders as prayed in C.No.87 of 2022 in respect of the suit property. For Petitioner : Mr.P.D.Theyzovathi

O R D E R

WMP.No.16970 of 2024 filed seeking permission to file a single writ petition is ordered on payment of separate Court fee.

2.Ms.P.D.Theyzovathi, learned counsel on record for the petitioner seeks leave of the Court to withdraw the writ petition on instructions from the petitioner and seeks liberty to challenge impugned order dated 12.04.2024 by way of appeal. The time for availing appeal remedy before the Appellate Authority is 60 days from date of receipt of the order which is stated to be on 23.04.2024. 3.This writ petition has been instituted on 29.04.2024. Hence, this Court is of the view that the petitioner may be permitted to approach the Appellate Authority. If an appeal is filed within a period of two (2) weeks from date of receipt of this order, the same shall be taken on file by the Registry of the Appellate Authority without raising the bar of limitation and disposed in accordance with law and in line with the

principles of natural justice.

4.This writ petition is dismissed as withdrawn with liberty. No costs. Connected miscellaneous petition is closed.

18.06.2024 vs Index:Yes/No Speaking order Note: Original order dated 12.04.2024 be returned with this order to the petitioner after getting necessary acknowledgement.

To 1.Tamil Nadu Real Estate Regulatory Authority Chennai CMDA Building, Egmore, Chennai 600 008.

2.Income Tax Department, Aayakar Bhavan, Main Building, 121, M.G.Road, Nungambakkam, Chennai 600 034.

DR.ANITA SUMANTH,J.

vs & WMP.No.16972 of 2024 18.06.2024