PRAYER:-

Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorari, calling for the records relating to the 1st respondent vide his proceedings in File No. TNRERA / 8389 / 2022 dated 17.05.2022 and signed on 18.05.2022 granting registration certificate of the petitioner’s Project situated at Shed No. (s) B-16 and B-17 SIDCO Thiru - Vi - Ka Industrial Estate, Chennai 600 032, in Survey. No. 41 parts and 45 part Block No. construction Shed No.B-16 & B-17 SIDCO Thiru – Vi-Ka Industrial Estate, Chennai – 600 032 T.S.No.41 Part & 45 Part Block No.6, Alandur Village within the limits of Greater Chennai Corporation and quash the conditions imposed by the Respondent in the registered certificate letter dated 17.05.2022 in clause 2 (i) to 2 (iv) and forbearing the Respondents 1 to 3 from imposing or insisting the said conditions.

For Petitioner(s): Mr.S.Sundaresan

For Respondent(s): Mr.T.K.Saravanan Additional Government Pleader For R1 & R3

Mrs.P.Veena Suresh, Sc For R2

ORDER

Challenge has been made against the impugned order of the 1st respondent dated 17.05.2022, whereby the petitioner was restrained from registering the lease deed citing the reason that the real estate project of the petitioner was not registered with the Tamil Nadu Real Estate Regulatory Authority.

2.Learned counsel for the petitioner would submit that the petitioner is the Limited Liability firm, formed in the year 2018. The petitioner developed the land in Survey No.41 Part & 45 Part Block No.6, Alandur Village for the purpose of leasing it to the IT Park on a monthly rent basis for a period of five years. After completing the project, when the petitioner approached the 3rd respondent for registering the lease agreement, the 3rd respondent denied to register the same stating that the property is not registered under Tamil Nadu Real Estate Regulatory Authority.

3.He would further submit that as per the provisions of the Real Estate (Regulation and Development) Act, registration with the 1st respondent is not mandated when the petitioner's intention is solely to lease the property on a monthly basis. Such registration is required only if the petitioner intends to sell the property. The petitioner has clearly stated that the petitioner is not selling the building and is utilizing the same for its use by letting the premises out for rent alone. Without considering this aspect, the 3rd respondent refused to register the rental agreement citing the impugned order passed by the 1st respondent. Hence, the present writ petition has been filed.

4.Learned Additional Government Pleader appearing for the respondents1 and 3 would submit that as like all other real estate projects, the petitioner’s projects attracted the provisions of Section 3(1) (2) (a) of the Real Estate (Regulation and Development) Act, 2016 and it is required to be registered with the 1st respondent. Further, since the 1st respondent sent a communication stating that the petitioner is not registered with the 1st respondent as per the provisions of Tamil Nadu Real Estate Regulatory Authority, the 3rd respondent refused to register the petitioner’s rental agreement.

5.Learned counsel appearing for the 2nd respondent would submit that their job is to approve the building plan and to ensure the compliance with the building regulations. The impugned order has been issued by the 1st respondent to the 3rd respondent and the 2nd respondent has no role in the present issue.

6.Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the respondents 1 and 3 and the learned counsel for the 2nd respondent.

7.Considering the submissions made by either parties, this Court is of the view that the following issues have to be decided in the present case:-

(i) Whether the petitioner’s project falls under the definition of Real Estate Project as defined under the Real Estate (Regulation and Development)Act, 2016?

(ii) Whether th