Appeal No.33 of 2023 and M.A.No.93 of 2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) issued the order in Appeal No.33 of 2023 and M.A.No.93 of 2023 on 28 July 2023, dismissing S. Ashokkumar's appeal as withdrawn. The Tribunal allowed him to file an Execution Petition, in accordance with law, to execute the order passed in C.No.94 of 2022, and closed the connected Miscellaneous Application.
What the case concerns
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) considered Appeal No.33 of 2023 and M.A.No.93 of 2023 under the Real Estate (Regulation and Development) Act, 2016. The order was dated 28 July 2023 and was passed by Chairperson Justice M. Duraiswamy and Judicial Member R. Padmanabhan.
S. Ashokkumar was the appellant. The respondents were M/s. S dot G Housing, represented separately by its Chairman Sivashanmugam, Vice Chairman I.S. Santhosh and partner Gowri.
What the appellant requested
Appeal No.33 of 2023 challenged an order dated 23 March 2023 in C.No.94 of 2022. The appellant asked the Tribunal to:
- Set aside the order in C.No.94 of 2022.
- Impose a penalty on the respondents under the Real Estate (Regulation and Development) Act, 2016.
- Direct the Authority to register a criminal complaint against the respondents with the Chief Judicial Magistrate, Erode.
- Award Rs.2,00,000 as legal expenses for prosecuting the complaint.
These were the remedies requested in the appeal. The Tribunal did not grant them in this proceeding because the appellant chose to withdraw the appeal.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded that counsel for S. Ashokkumar sought permission to withdraw Appeal No.33 of 2023. Counsel requested liberty to file an Execution Petition for enforcement of the order already passed in C.No.94 of 2022 and made an endorsement to that effect.
The Tribunal therefore:
- Dismissed Appeal No.33 of 2023 as withdrawn.
- Stated that S. Ashokkumar may file an Execution Petition, in accordance with law, to execute the order in C.No.94 of 2022.
- Closed M.A.No.93 of 2023.
Who may be affected
The outcome directly concerns S. Ashokkumar and the three named representatives of M/s. S dot G Housing. For property buyers or professionals reviewing the dispute, the order records a procedural withdrawal and a possible enforcement route. It does not record a decision imposing the requested penalty, directing a criminal complaint or awarding the requested legal expenses.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the appeal against M/s. S dot G Housing?
No. Appeal No.33 of 2023 was dismissed as withdrawn after the appellant's counsel sought permission to withdraw it.
Can S. Ashokkumar still enforce the order in C.No.94 of 2022?
The Tribunal stated that he may file an Execution Petition, in accordance with law, to execute the order passed in C.No.94 of 2022.
Did the Tribunal impose a penalty or direct a criminal complaint against the respondents?
No such relief was granted in this order. Those remedies were requested, but the appeal was dismissed as withdrawn.
What happened to M.A.No.93 of 2023?
The Tamil Nadu Real Estate Appellate Tribunal closed the connected Miscellaneous Application.
