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Madras High CourtWP/27080/2021disposed of

Grove Omr Properties Pvt Ltd v. The Adjudicating Officer

2022-02-01Honourable Mr Justice M.Dhandapani3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P. No.27080 of 2021 and WMP. No.28549 of 2021 Grove OMR .Properties Pvt. Ltd., Rep. By its Director Mr.Subramani Ganesan, No.283, YASS Towers, 3rd Floor, TTK Road, Alwarpet, Chennai-18.

..Petitioner

Versus

1. The Adjudicating officer, TNRERA, Egmore, Chennai-8.

2. Sudha Kumar ..Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring that the Adjudicating Officer, TNRERA, Egmore, Chennai is having no jurisdiction or authority to hear or entertain C.C.P.No.236 of 2021 filed by respondents 2 herein as per Rule 2(h)(iii) of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017. For Petitioner : Mr. K.Sathish

ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Declaration declaring that the Adjudicating Officer, TNRERA, Egmore, Chennai, is having no jurisdiction or authority to hear or entertain C.C.P.No.236 of 2021 as per Rule 2(h)(iii) of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017.

2.The case of the petitioner is that the petitioner is a builder/ promoter and has taken up large housing project constructing residential apartments at Padur and the project consists of five blocks named as Galaxy, Imperial Red etc. During May, 2013, the second respondent agreed to purchase one flat in Imperial Red block bearing No.IR 66 with built up area of 998 sq.ft. and also purchased undivided share of the land of 286 sq.ft. and construction agreement was entered into between the petitioner and the second respondent and as per the agreement, the project was to be completed with 24 months from

the date of signing of the agreement. Due to some unforeseen circumstances, there was delay in completing the project and hence the second respondent was offered another apartment of high value in the adjoining block, however, the second respondent refused to accept the same.

3.The further case of the petitioner is that the second respondent filed C.C.P.No.236 of 2021 before the Tamil Nadu Real Estate Regulation Authority(in short TNRERA) at Egmore, Chennai, claiming refund of the entire amount paid,namely, Rs.48,53,162/- with interest at 12% till the date of realization of the entire amount at 18% from the date of payment till the date of filing the complaint; and TNRERA issued notice to the petitioner. According to the petitioner, TNRERA is having no jurisdiction or authority to hear or entertain C.C.P.No.236 of 2021. Hence, the petitioner has filed this writ petition.

4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice if this Court permits the petitioner to file objection/ reply including jurisdiction and maintainability before TNRERA/ first respondent and issue direction to the first respondent to consider the same and pass appropriate orders along with the issue raised by the second respondent.

5.Heard, the learned counsel for the petitioner and perused the materials available on record. Since no adverse orders are being passed against the private respondent, notice on the second respondent is dispensed with.

6.Considering the facts and circumstances of the case and the limited request made by the petitioner, this Court permits him to canvass all the points including jurisdiction and maintainability by way of objection/ reply before the first respondent and if any such objection/ reply is filed by the petitioner, the first respondent shall consider the same and pass appropriate orders in C.C.P.No.236 of 2021, within a period of six weeks from the date of receipt of objection/ reply, that is to be filed by the petitioner.

7.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rli

To The Adjudicating officer, TNRERA, Egmore, Chennai-8.

+1cc to M/s.Kaavya Silambanan, Advocate, S.R.No.6207 W.P. No. 27080 of 2021 and WMP. No.28549 of 2021 PMK(CO) RGA(02/03/2022)