Appeal No.43 of 2023
The Tamil Nadu Real Estate Appellate Tribunal issued its order in Appeal Number 43 of 2023 on 21 July 2023, dismissing as withdrawn an appeal filed by Malles Aashira Owners Welfare Association. The association may raise all its issues in Complaint Number 108 of 2022 before TNRERA, which must decide the complaint on its merits without being influenced by observations in the earlier interim order.
What the case concerns
Appeal Number 43 of 2023 was filed by Malles Aashira Owners Welfare Association, represented by its Honorary Secretary, M. Murali. The respondents were Malles Construction Private Limited and Malles Akankssha Flat and Villa Owners Welfare Association.
The appeal asked the Tamil Nadu Real Estate Appellate Tribunal to set aside the Real Estate Regulatory Authority, Chennai order dated 2 June 2023 in Interim Application Number 39 of 2022, which arose from Complaint Number 108 of 2022.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded that counsel for Malles Aashira Owners Welfare Association sought permission to withdraw the appeal. The withdrawal was requested with liberty to raise all contentions while arguing Complaint Number 108 of 2022 before TNRERA.
The Tribunal ordered that:
- Appeal Number 43 of 2023 is dismissed as withdrawn.
- Malles Aashira Owners Welfare Association may raise all issues before TNRERA in Complaint Number 108 of 2022.
- The issues may include whether the second respondent, described as the proposed party, has standing to participate in the complaint.
- TNRERA must decide Complaint Number 108 of 2022 on its merits and in accordance with law.
- TNRERA must not be influenced by observations made in Interim Application Number 39 of 2022 dated 2 June 2023.
- Any connected miscellaneous applications that remained pending are closed.
Who may be affected
The order directly affects Malles Aashira Owners Welfare Association, Malles Construction Private Limited and Malles Akankssha Flat and Villa Owners Welfare Association. It may also be relevant to owners represented by those associations because the underlying complaint remains available for decision before TNRERA.
Practical effect
The Tamil Nadu Real Estate Appellate Tribunal did not set aside the earlier interim order as requested in the appeal. Instead, the appeal ended through withdrawal, while the appellant retained the ability to present its arguments in the underlying complaint. The merits of Complaint Number 108 of 2022, including the second respondent's standing, are to be considered independently by TNRERA.
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
Was Appeal Number 43 of 2023 allowed?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed the appeal as withdrawn at the appellant's request.
Can Malles Aashira Owners Welfare Association still raise its objections?
Yes. The Tribunal allowed the association to raise all its issues before TNRERA while arguing Complaint Number 108 of 2022.
Does the earlier interim order control the outcome of the complaint?
TNRERA was directed to decide Complaint Number 108 of 2022 on its merits, without being influenced by observations in Interim Application Number 39 of 2022 dated 2 June 2023.
Can TNRERA consider whether the second owners association has standing?
Yes. The Tribunal specifically stated that the appellant may raise issues concerning the standing of the second respondent, Malles Akankssha Flat and Villa Owners Welfare Association.
