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Caae against k n neru quashed. THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.17223 of 2022 K.N.Nehru … Petitioner Vs The Government of Tamilnadu rep by. For Petitioner : Mr.A.S.Aswin Prasanna For Respondent : Mr.E.Raj Thilak, Additional Public Prosecutor ORDER This petition has been filed to quash the proceedings in ,
by Sekar Reporter · Published September 10, 2022
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Smsj full order THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM C.M.S.A.No.27 of 2020 -++-The only question of law raised in the present second appeal is that whether the complaint/application filed by the respondent before the Regulatory Authority is maintainable or not. In view of the fact that the completion certificate issued by the Executive Officer, Town Panchayat is not in consonance either with the provisions of the Town and Country Planning Act as well as the building plan approval sanctioned by the Director of Town and Country Planning or in accordance with the provision of the RERA Act, the same cannot be construed as a valid certificate for the purpose of grant of exclusion under Section 3(2)(b) of the RERA Act. The certificate is to be construed as insignificant and irrelevant as far as the RERA Act is concerned and for all purposes, the building is to be treated as on-going project. Therefore, the appellants/builders are bound to comply with the terms and conditions in the project as well as comply with the provisions of various laws governing real estate affairs. Accordingly, this Court has no hesitation in arriving a conclusion that the application/complaint filed by the respondents/apartment owners association is maintainable under the provisions of the RERA Act, 2016 and accordingly, the order passed by the Appellate Tribunal stands confirmed and consequently, Civil Miscellaneous Second Appeal stands dismissed. No costs. The Regulatory Authority is directed to entertain the application/complaint filed by the respondents/apartment owners association and adjudicate the issues on merits and in accordance with law by affording opportunity to all the parties concerned and accordingly, pass speaking final orders within a period of three months from the date of receipt of a copy of this order.
by Sekar Reporter · Published February 25, 2021
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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.3359 of 2015 And MP No.1 of 2015 P.Mihiran .. Petitioner vs. 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., Chennai-8. 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Old District Collector Office, Trichy. 3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Cuddalore District, case dismissed. For Petitioner : Mr.V.Neethidurai For Respondents : Mr.K.Sathish Kumar, Standing Counsel for TASMAC. O R D E R
by Sekar Reporter · Published August 11, 2022
