Case law, Tamil Nadu land law
Common Order in Appeal Nos. 146 and 147 of 2021
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) issued the Common Order in Appeal Nos. 146 and 147 of 2021 on 10 March 2023. It dismisses both appeals filed by M/s. RCC E-Construct Pvt. Ltd. as withdrawn, after the appellant’s counsel sought permission to withdraw them, with no order as to costs.
What the common order does
The Common Order in Appeal Nos. 146 and 147 of 2021 records the withdrawal of two appeals before the Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands). The appeals were filed under the Real Estate (Regulation and Development) Act, 2016.
The appellant’s counsel, Mr. Adithya Suresh, requested permission to withdraw both appeals and made an endorsement confirming that request. The Tribunal therefore dismissed both appeals as withdrawn and directed that there would be no costs.
Appeals and earlier proceedings
The appeals challenged orders dated 6 October 2021 passed by the Tamil Nadu Real Estate Regulatory Authority. The proceedings were:
- Appeal No. 146 of 2021, arising from C. No. 404 of 2019.
- Appeal No. 147 of 2021, arising from C. Nos. 101, 102, 104 and 105 of 2020.
- Both appeals were taken on file on 22 December 2021.
The Common Order in Appeal Nos. 146 and 147 of 2021 does not describe the property, project, relief claimed or detailed findings in the earlier regulatory proceedings.
Who is affected
M/s. RCC E-Construct Pvt. Ltd., represented by its authorised signatory Mohan Srinivasan, was the appellant in both appeals.
The respondents named in the proceedings were:
- Arutselvi in Appeal No. 146 of 2021.
- M. Prasath and three entries naming M. Ponni in Appeal No. 147 of 2021.
The withdrawal directly affects these parties because the appellate proceedings brought by M/s. RCC E-Construct Pvt. Ltd. have ended without costs.
Tribunal members
The Common Order in Appeal Nos. 146 and 147 of 2021 was made by a bench consisting of:
- Justice M. Duraiswamy, Chairperson.
- Ms. Leena Nair, Administrative Member.
- Mr. R. Padmanabhan, Judicial Member.
The source records appearances by Mr. H. Manojin for the respondent in Appeal No. 146 of 2021 and Mr. TN. Buvaneswaran for the respondents in Appeal No. 147 of 2021.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did the Tribunal allow M/s. RCC E-Construct Pvt. Ltd.’s appeals?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed both appeals as withdrawn after the appellant’s counsel requested permission to withdraw them.
Did the Tribunal order either side to pay costs?
No. The Common Order in Appeal Nos. 146 and 147 of 2021 states that there would be no costs.
Which Tamil Nadu Real Estate Regulatory Authority proceedings were challenged?
Appeal No. 146 of 2021 concerned C. No. 404 of 2019. Appeal No. 147 of 2021 concerned C. Nos. 101, 102, 104 and 105 of 2020.
Does the common order explain the underlying property dispute?
No. The source identifies the parties and earlier proceedings but does not describe the property, project or detailed dispute.
