IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.10.2025 CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI and W.M.P. Nos.43838 to 43840 of 2025

1. M. Ganesh

2. K. Baskaran

3. L. Raja

4. M/S. DUAL STRUCTURALS &

INDUSTRIES PVT. LTD., represented by its Director, Mr. Prashanth Ravidrakumar, ... Petitioners vs.

1. THE TAMIL NADU REAL ESTATE REGULATORY AUTHORITY, Tamil Nadu, Andaman & Nicobar Islands, No. 1A, 1st Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. THE SUB-REGISTRAR, SELAIYUR, Office of the Sub-Registrar, Selaiyur, Chennai - 600 073.

3. SRI SAI NAGAR OWNERS'

WELFARE ASSOCIATION (SSNOWA), represented by its President, Mr. Santhosh Kumar Gurumurthy, Plot No. 134, Phase-1, Sri Sai Nagar, Ottiyambakkam Main Road, Ottiyambakkam, Chennai-600 130.

4. M/s. J.K. PROPERTIES, represented by its Proprietor, Mr. J. Jayakrishnan, No. 19, 4th Floor, Vellaiyan Street, Kotturpuram, Chennai - 600 085. … Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records on the file of the 1st Respondent relating to the Order dated 20.08.2025 in Complaint No. 42/2024, quash the same, in so far as the petitioners properties are concerned, and consequently direct the 2nd Respondent to reject the prohibition petition dated 12.09.2025 filed by the 3rd Respondent Association.

For petitioners : Mr.R. Shunmuga Sundaram Senior Counsel for Mr.M. Naveen Sabari For respondents : Mr.A.M. Ayyadurai Govt. Advocate for R1 & R2 - - - - - -

ORDER

This writ petition has been filed to call for the records on the file of the 1st respondent relating to the Order dated 20.08.2025 in Complaint No. 42/2024, quash the same, in so far as the petitioners properties are concerned, and consequently direct the 2nd respondent to reject the Prohibition Petition dated

12.09.2025 filed by the 3rd respondent Association.

2. It is stated that the petitioners herein are the absolute landowners of properties comprised in the layout project known as “Sri Sai Nagar”, situated at Ottiyambakkam, Chennai. The 1st petitioner own Plot Nos.271 & 285 in Phase – 1, the 2nd petitioner owns Plot No.30 in Phase-2, the 3rd petitioner owns commercial land in Phase-2 and the 4th petitioner owns Plot No.4 in Sri Sai Nagar – Annexe, all duly registered with the Sub Registrar, Selaiyur.

3. It is further stated that the 3rd respondent, Sri Sai Nagar Owners'

Welfare Association (SSNOWA), filed a complaint before the 1st respondent – TNRERA in C. No.42 of 2024, alleging non-provision of certain amenities viz., clubhouse, swimming pool etc., by the 4th respondent developer. The 1st respondent passed an order dated 20.08.2025, thereby directed the 4th respondent, who is the sole respondent therein, not to alienate the remaining plots till disposal of the said complaint. Thereafter, the 3rd respondent filed a Prohibition Petition dated 12.09.2025 before the 2nd respondent, prohibiting the registration of sale of lands belonging to the petitioners.

4. It is further stated that in the said complaint viz., C. No.42 of 2024 lodged before the 1st respondent, the petitioners were not arrayed as parties as well as the 4th respondent, who was not the owner of the lands against whom, the impugned order has been passed. The impugned order affecting the petitioners properties without making them as parties, is in violation of principles of natural justice and the rule of audi alteram partem. It is the case of the petitioners that the impugned order directly interferes with their ownership and right of alienation in respect of their plots, despite the fact that they were not parties to the proceedings.

5. Further, it is stated that the petitioners having come to know about the Prohibition Petition dated 12.09.2025 and the impugned order dated 20.08.2025 issued by the 1st respondent, have filed Objection Petitions on 06.10.2025 before the 2nd respondent, to enable the petitioners to sell their respective unsold plots in the subject