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Madras High CourtCRP/3090/2026ordered

J.Hari Babu v. Somya Preeti Jena

2026-05-27Honourable Mr.Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-05-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN S.J.Hari Babu ..Petitioner Vs 1.Somya Preeti Jena 2.Selene Estate Limited Rep by its Chief Executive Officer, Prakasam Jagan, 68/1A, Jalladianpet Joint Road, Perumbakkam-600 100.

3.The Sub Registrar Saidapet O/o, The Sub Registrar, No.537, Fanepet, Nandanam, Chennai-600 035.

..Respondent(s) Prayer: Petition filed under Article 227 of the Constitution of India, praying to set aside the return/docket order dated 24.04.2026 in E.A.SR.No.693 of 2026 in E.P.No.50 of 2023 in C.No.62 of 2022 on the file of the Honble Tamil Nadu Real Estate Regulatory Authority, Chennai and consequently direct the Hon'ble RERA to extend the benefit of the clarification order dated 09.03.2026 to the petitioner.

For Petitioner :

Mr.Mahesh.A

ORDER

The application filed by the Civil Revision Petitioner has been returned by the Administrative Officer, Tamilnadu Real Estate Regulatory Authority, Chennai by questioning the maintainability of the said petition.

2. Whether the petition is maintainable or tenable is the decision that has to be taken on the judicial side. At the time of numbering the petition, all that the authority does is exercising its ministerial jurisdiction. While exercising the power under ministerial jurisdiction, the issues of jurisdiction and maintainability cannot be gone into. (See: Selvaraj and others v. Koodankulam Nuclear Power Plant India Limited and others reported in 2021 SCC Online Mad 2514)

3. Hence, there shall be a direction to the Tamil Nadu Real Estate Regulatory Authority to number E.A.SR.No.693 of 2026 in E.P.No.50 of 2023 in C.No.62 of 2022 and issue notice in the same. Whether the petition is maintainable or not will have to be decided by the authority thereafter.

4. Accordingly, Civil Revision Petition is ordered. No costs. 27-05-2026 Index: Yes/No Speaking/Non-speaking order

MSV To Tamil Nadu Real Estate Regulatory Authority, Chennai

V.LAKSHMINARAYANAN, J.

MSV 27-05-2026