Case law, Tamil Nadu land law
Appeal (SR) No.371 of 2022
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), in Appeal (SR) No.371 of 2022 dated 11 October 2023, closed the appeal at the appellants’ request because Civil Revision Petition C.R.P.(PD).No.1788 of 2023 had not yet been listed for hearing. The tribunal permitted the appellants to seek restoration of the appeal if they succeed in the Civil Revision Petition pending before the High Court of Madras.
What the proceeding concerns
Appeal (SR) No.371 of 2022 was filed before the Tamil Nadu Real Estate Appellate Tribunal under Section 44 of the Real Estate (Regulation and Development) Act, 2016. The appellants asked the tribunal to set aside the PRERA order in Complaint No.2/1/PRERA/COMP/Pdy/2020 dated 4 May 2022 and dismiss that complaint.
The appellants were Hari Gautham, represented by Power of Attorney V. Usha, Hareesh Prabhu, Reeshma Begum, represented by Power of Attorney Regina Begum, Abdeen Mohamed Musthafa, and G. Santhanam. The document records that the fourth appellant’s name was changed under a PRERA corrigendum dated 23 February 2023. The respondents were K. Mala, Smitha Rani, Sreelekha Baiju, Lovlin Leenaxess, S. Sathyasree and S. Vaishali.
What the tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded the submission made by counsel for the appellants and ordered that Appeal (SR) No.371 of 2022 stand closed.
Key points are:
- Counsel stated that Civil Revision Petition C.R.P.(PD).No.1788 of 2023 had not yet been listed for hearing.
- Counsel therefore requested that the appeal be closed.
- Counsel also requested permission to restore the appeal if the appellants succeed in the Civil Revision Petition.
- The tribunal accepted that position and left restoration open if the appellants succeed before the High Court of Madras.
Who is affected
Appeal (SR) No.371 of 2022 directly affects the named appellants and respondents in the dispute arising from the PRERA complaint. The document closes the appellate proceeding for the time being, while preserving a conditional route for the appellants to restore it.
The order does not create a general land rule, rate or fee for property owners or buyers. It records a procedural outcome in a particular appeal.
Practical significance
The Tamil Nadu Real Estate Appellate Tribunal did not record that the appellants had succeeded against the PRERA complaint order. Any restoration depends on the appellants succeeding in Civil Revision Petition C.R.P.(PD).No.1788 of 2023. The document does not state the outcome of that pending petition.
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Common questions
Was Appeal (SR) No.371 of 2022 dismissed on its merits?
The Tamil Nadu Real Estate Appellate Tribunal recorded the appellants’ counsel’s request and closed the appeal because the related Civil Revision Petition had not yet been listed for hearing. The document does not record a decision on the merits of the appeal.
Can the appellants restore the appeal later?
Yes. The tribunal stated that the appellants may restore Appeal (SR) No.371 of 2022 if they succeed in Civil Revision Petition C.R.P.(PD).No.1788 of 2023 before the High Court of Madras.
Which PRERA decision were the appellants challenging?
They were challenging the PRERA order in Complaint No.2/1/PRERA/COMP/Pdy/2020 dated 4 May 2022 and had asked for that order to be set aside and the complaint dismissed.
Does the tribunal’s decision introduce any general requirement for Tamil Nadu property owners?
No general requirement is stated. The decision concerns the closure and possible restoration of a specific appeal involving the named parties.
