Case law, Tamil Nadu land law
Appeal No.24 of 2022 and M.A.Nos. 122/2022 and 173/2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), in Appeal No.24 of 2022 and M.A.Nos. 122/2022 and 173/2023 dated 23 August 2023, allowed M/s. JPG Housing and Projects Private Limited and its officers to withdraw their appeal against G. Jothimani. The appeal and M.A.No.122 of 2022 were dismissed as withdrawn after the appellants agreed to comply with the Tamil Nadu Real Estate Regulatory Authority order in C.No.195 of 2021 dated 27 April 2022, and M.A.No.173 of 2023 was closed.
What the tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) dealt with Appeal No.24 of 2022, M.A.No.122 of 2022 and M.A.No.173 of 2023 on 23 August 2023. The appeal had been filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016, seeking to set aside an order passed by the Tamil Nadu Real Estate Regulatory Authority in C.No.195 of 2021 dated 27 April 2022.
Counsel for the appellants asked for permission to withdraw Appeal No.24 of 2022 and M.A.No.122 of 2022. Counsel made an endorsement and filed a memo stating that the appellants had agreed to comply with the Tamil Nadu Real Estate Regulatory Authority order.
The tribunal therefore made the following directions:
- Appeal No.24 of 2022 was dismissed as withdrawn.
- M.A.No.122 of 2022 was dismissed as withdrawn.
- M.A.No.173 of 2023, filed by the respondent, was closed as a consequence.
Who is affected
Appeal No.24 of 2022 directly concerns the following parties:
- M/s. JPG Housing and Projects Private Limited, represented by its Managing Director, M.J. Gopinathan.
- M.J. Gopinathan, Managing Director.
- G. Vanitha, Director.
- G. Jothimani, the respondent.
The appellants were represented by Ms. Kadambri Suresh for Mr. S.V. Pravin Rathinam. The respondent was represented by Mr. S. Roshan.
Practical effect
The Tamil Nadu Real Estate Appellate Tribunal did not set aside the Tamil Nadu Real Estate Regulatory Authority order identified in the appeal. Instead, the challenge ended because the appellants withdrew it and stated that they had agreed to comply with the authority's order in C.No.195 of 2021.
The text does not reproduce the terms of the Tamil Nadu Real Estate Regulatory Authority order. A buyer, owner or professional seeking to understand the underlying obligations would therefore need the order in C.No.195 of 2021 dated 27 April 2022. The appellate decision only records the withdrawal, dismissal and closure of the connected applications.
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 Tamil Nadu Real Estate Appellate Tribunal decide whether the original TNRERA order was correct?
No finding on the merits is recorded. Appeal No.24 of 2022 was dismissed as withdrawn after the appellants stated that they had agreed to comply with the Tamil Nadu Real Estate Regulatory Authority order.
Does the TNRERA order in C.No.195 of 2021 still have to be followed?
The appellants' memo stated that they had agreed to comply with the Tamil Nadu Real Estate Regulatory Authority order in C.No.195 of 2021 dated 27 April 2022.
What happened to the miscellaneous applications?
M.A.No.122 of 2022 was dismissed as withdrawn. M.A.No.173 of 2023, which was filed by the respondent, was closed.
Does this appellate decision explain what the appellants must do?
No. The text does not reproduce the requirements of the Tamil Nadu Real Estate Regulatory Authority order in C.No.195 of 2021.
