O R D E R

This Writ Petition has been filed challenging the proceedings of the first respondent in Letter No.TNRERA/6579/2020 dated 10.03.2021 and for a consequential direction to the second respondent to register the sale deed relating to the subject property in S.No.269/8 measuring an extent of 6870 sq.mtr., at Puliyal Village, Devakottai Taluk, Sivagangai District.

2.The case of the petitioner is that the subject property was originally owned by his father and upon his demise, the petitioner and others have inherited the property. The petitioner took steps to get an approval for the development of the property into plots and accordingly, DTCP through proceedings dated 13.03.2019 granted approval for regularising the lay out. Thereafter, the petitioner was intending to sell the plots to the intending purchasers.

3.At this juncture, the petitioner received a notice dated 10.11.2020 from the first respondent directing the petitioner to register under the Tamil Nadu Real Estate (Regulation and Development) Act, 2016 (for brevity hereinafter referred to as “RERA”) and the rules thereunder. On receipt of this notice from the first respondent, the petitioner gave a reply dated 18.12.2020 and took a stand that the petitioner is not a real estate promoter and that he is making developments to the lay out only for his own purpose and that such development is made after getting necessary approvals and according to the petitioner, he was not intending to sell the remaining plots and he does not owe any duty to register himself under RERA.

4.The grievance of the petitioner is that the first respondent had issued the impugned communication dated 10.03.2021 to the fourth respondent, whereby, the fourth respondent was informed not to register any documents pertaining to the subject property without petitioner registered himself under RERA. Aggrieved by the same, the present Writ Petition has been filed before this Court.

5.The first respondent has filed a counter affidavit. The relevant portions in the counter affidavit are extracted hereunder:

“6.It is submitted that, in compliance of the above Act provisions, the Promoter should file an application with Tamil Nadu Real Estate Regulatory Authority (RERA) for registration of the regularised layout. However, he has not filed any application with TNRERA for registration of the regularized layout. Hence, this Authority has issued a Notice to Thiru.M.K.Haja Najumudeen on 10.11.2020 to file an application for registration of the above said regularised layout.

7.It is submitted that, the Promoter Thiru.M.K.Najumudeen has furnished a reply dated 18.12.2020. In his reply, he has stated that he is not a Real Estate Professional and did not intend to sell the remaining plots but to keep for himself. Hence, he has stated that it is not necessary to register the layout under RERA Act.

8.It is submitted that, as he has declared that it is not meant for sale and for his own use, it is not mandatory to register the regularized layout with TNRERA. Accordingly, this Authority in its Letter No. TNRERA/6579/2020, dated 10.03.2021 has informed the Jurisdictional Sub Registrar Office i.e. Sub Registrar Office, Thiruvadanai, Ramanathapuram District that the regularized layout is for his own use and not for sale and hence requested the Jurisdictional Sub Registrar not to register any Sale Deed relating to the above said property. This Authority has also referred the Government Letter No.6275/31/2020-1, dated 05.09.2020, Commercial Taxes and Registration Department, Government of Tamil Nadu addressed to the Inspector General of Registration with a copy marked to TNRERA.

9.It is further submitted that the Government has directed the Inspector General of Registration to give suitable instructions to send a circular to all the Sub-Registrar Offices to register plots by insisting the proof of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 before registration wherever registration with Tamil Nadu Real Est