Kanchana v. The Tamilnadu Real Estate Regulatory Authority (Tnrera)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI Kanchana ... Petitioner Vs 1.The Tamil Nadu Rela Estate Regulatory Authority (TNRERA) Egmore, Chennai-600008.
2.M/s.Casagrand Builder Private Limited, Rep by its Authorised Signatory, Thiru.Sumanth Krishna, NPL Devi, New No.111, Old No.59, LB Road, Thiruvanmiyur, Chennai-600041.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to pass appropriate orders in accordance with law on the petitioner's representation dated 28.07.2025 as expeditiously as possible within a time frame or on a date to be fixed by this Honourable Court.
For Petitioner : Mr.P.Valliappan, Senior Counsel for Mr.S.Saravanakumar For R-1 : Mr.A.M.Ayyadurai, Government Advocate For R-2 & R-3 : Mr.S.Balaji, Government Advocate (Crl.Side) 1/7
O R D E R
The present petition has been filed seeking a direction to the 1st respondent to pass appropriate orders on the petitioner's representation dated 28.07.2025 within a time frame that may be stipulated by this Court.
2. Mr.A.M.Ayyadurai, learned Government Advocate takes notice for the 1st Respondent.
3. Since, no adverse order is being passed as against the 2nd respondent, notice to the 2nd respondent is dispensed with.
4. It is the case of the petitioner that, the petitioner having found that the 2nd respondent is engaged in deceptive practices by disseminating false and misleading information through their advertisements on social media platforms with regard to their project namely Casagrand Magestica, Manapakkam, Chennai and misleading the innocent purchasers, had made a complaint before the 1st respondent in C.No.129 of 2023, since, the same was not considered, the petitioner was constrained to file Writ Petition before this Court in W.P.No.14610 of 2025 wherein, this Court vide order dated 24.04.2025 issued a direction to the 1st respondent to dispose of the petitioner's complaint pursuant to 2/7
which, the 2nd respondent was directed to remove all misleading and misrepresenting advertisements vide order dated 19.05.2025 however, since the the said order was not complied with by the 2nd respondent, the petitioner made a representation dated 28.07.2025 to the 1st respondent seeking to issue a direction to the 2nd respondent to comply with the order passed in C.No.129 of 2023 on the file of the 1st respondent. However, the said representation has not been considered so far. Hence, the present Writ Petition.
5. The learned counsel for the petitioner submits that the 2nd respondent has failed to comply with the order passed by the 1st respondent thus, the same is in violation of the provisions under Section 63 of the Real Estate (Regulation and Development) Act, 2016 (in short 'RERA'). However, learned counsel submitted that it would suffice, if this Court grants liberty to the petitioner to approach the RERA Authority under Section 63 of the Act.
6. On the above contention, this Court heard the learned Government Advocate appearing for the 1st respondent.
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7. Though a larger relief has been sought for in this Writ Petition, at the time of arguments, the learned counsel for the petitioner submitted that it would suffice if this Court grants liberty to approach the RERA Authority with regard to the issue involved in this Writ Petition.
8. In view of the aforesaid, this Writ Petition stands disposed of with liberty to the petitioner to file appropriate application before the RERA Authority under Section 63 of the Real Estate (Regulation and Development) Act, 2016. If any such application is filed, the said Authority shall dispose of the application filed by the petitioner within a period of four (4) weeks thereafter and after affording an opportunity of personal hearing to the petitioner. No Costs. 09.09.2025 Index:Yes/No Internet:Yes Speaking/Non-Speaking order To The Tamil Nadu Rela Estate Regulatory Authority (TNRERA) Egmore, Chennai-600008.
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M.DHANDAPANI, J 09.09.2025 5/7
M.DHANDAPANI, J This petition has been listed under the caption "For being Mentioned" at the instance of Registry.
2. It is brought to the notice of this Court by Registry that an error has crept in the order dated 09.09.2025 in the appearance portion, wherein, the appearance for respondents 2 & 3 has inadvertently been recorded though the appearance was made on behalf of the 1st respondent alone and therefore, it is prayed that necessary corrections may be made in the said portion of the order.
3. In view of the above, Registry is directed to delete the appearance recorded in respect of respondents 2 & 3 alone and issue fresh order copy to the parties.
28.10.2025 6/7
M.DHANDAPANI, J 28.10.2025 7/7