G.Nalini v. P.Soundararajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and C.M.P.No.10482 of 2024 1.G.Nalini 2.B.Govindaraj 3.G.Dineshkumar 4.M.Sakthivel ... Petitioners Vs 1.P.Soundararajan 2.V.Umapathy 3.S.Sureshkumar 4.S.Thanumalayan 5.R.Ramesh 6.B.Hemamaalini 7.P.Sujatha 8.P.Soundararajan 9.S.Pandurangan 10.P.Swaminathan 11.S.Ponni 12.S.Aravindan 13.K.Annadurai 14.P.Chandresan 15.A.Srinivasan 16.M.Prasath Page No: 1/5

17.A.Arulmozhi 18.M.Rajeshekaran 19.M.Rajashekaran 20.T.Ganesan 21.S.Govindarajan 22.S.Vijayalakshmi 23.M/s.RVS Developers Pvt., Ltd., Rep., by Director Mr.Senthil Azhagan Off: G2 Lotus Orchid Villa Old No.113, New No.48 Vanniar Street, Choolaimedu, Chennai - 600 092 ... Respondents PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 12.04.2024 (made ready on 26.04.2024 and received on 29.04.2024) in M.A.No.26 of 2024 in Appeal (SR) No.70 of 2024 on the file of the Tamilnadu Real Estate Appellate Tribunal (TNEAT), Chennai.

For Petitioner : Mr.R.Selvakumar For Respondent : Mr.V.Rajesh Babu

ORDER

The petitioners preferred this Civil Revision Petition challenging the order dated 12.04.2024 in M.A.No.26 of 2024 in Appeal (SR) No.70 of 2024 on the file of the Tamilnadu Real Estate Appellate Page No: 2/5

Tribunal (TNEAT), Chennai.

2. The learned counsel appearing for the respondents submitted that the Civil Revision Petition is not maintainable in view of Section 58 of the Real Estate (Regulation and Development) Act wherein it has been stated that 'any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal', and therefore, he submitted that the petitioner ought to have filed an appeal against the impugned order instead of a Civil Revision petition and hence, he prayed dismissal of the Civil Revision Petition.

3. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this Civil Revision Petition with a liberty to file an Appeal against the impugned order. Page No: 3/5

4. In view of the above and recording the endorsement made by the learned counsel appearing for the petitioner, this Civil Revision Petition is dismissed as withdrawn with a liberty to file an appeal against the impugned order. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 13.06.2024 pbn Index : Yes/No Speaking order : Yes/No Page No: 4/5

M.NIRMAL KUMAR ,J.

PBN To Tamilnadu Real Estate Appellate Tribunal (TNEAT), Chennai and C.M.P.No.10482 of 2024 13.06.2024 Page No: 5/5