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Madras High CourtCMSA/73/2025withdrawn dismissed

M/S.Pallavan Transport Corporation Co-Operative House Construction Society Ltd v. Tamil Nadu Real Estate Regulatory Authority (Tnrera)

2025-11-12Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Hemant Chandangoudar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-11-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR CMSA No. 73 of 2025 AND CMP NO. 26702 OF 2025 M/s.Pallavan Transport Corporation Co-operative House Construction Society Ltd., Rep. by its Secretary K.A.Saravanan, Pallavan Illam, Pallavan Road, Chennai - 600002.

..Appellant Vs

1. Tamil Nadu Real Estate Regulatory Authority (TNRERA), Rep. by its Secretary, Saravanan, No.1-A, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008.

2. Metropolitan Transport Corporation Housing Society Members Welfare Association Rep by its Secretary S.Karunakaran No.11, Lawyer Jagannathan Street, Guindy, Chennai 32 ..Respondents Prayer : Civil Miscellaneous Second Appeal under Section 100 of CPC read with Section 58 of the Real Estate (Regulation and Development) Act 2016 to set aside order of the Learned Tamil Nadu Real Estate Appellate Tribunal, in Appeal No. 20 of 2024 dt. 08.08.2025 passed by the Tamil Nadu Real Estate Appellate Tribunal at Chennai and revising the Letter No.TNREARA/A3/12583/2023 dt. 19.01.2024. For Appellant :

Mr.L.P.Shanmugasundaram

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) Learned counsel for the appellant wants to withdraw this Writ Appeal with a liberty to approach the Tribunal to explore the possibility of challenging the order dated 16.09.2022 by which penalty has been imposed by Tamil Nadu Real Estate Regulatory Authority, and in that case, the earlier order passed by the Tribunal in M.A.No.162 of 2024 in Appeal (SR) No.127 of 2024 dated 20.11.2024 shall not stand in the way as the same has only been withdrawn and dismissed and was not disposed off on merits.

2. Recording the said submission made by the learned counsel for the appellant, this CMSA is dismissed with the aforesaid liberty. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (H.C.,J.) 12-11-2025 Index: Yes/No Speaking/Non-speaking order KST

R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST AND CMP NO. 26702 OF 2025 12-11-2025

To

1. Tamil Nadu Real Estate Regulatory Authority (tnrera) Rep. by its Secretary, Saravanan, No.1-A, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008.

2. Metropolitan Transport Corporation Housing Society Members Welfare Association Rep by its Secretary S.Karunakaran No.11, Lawyer Jagannathan Street, Guindy, Chennai 32