IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 12759 OF 2022,WMP NO. 12760 OF 2022, WMP NO. 12761 OF 2022 Delphina Consultants LLP, Represented by its designated partner Mr. Y. Meera Reddy Having office at No. 4 Jayalakshmipuram First Street, Nungambakkam, Chennai 34.

Petitioner(s)

Vs

1.The Tamil Nadu Real Estate Regulatory Authority, No. 1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 08.

2.The Member Secretary, Chennai Metropolitan Development Authority No. 1, Gandhi Irwin Road, Egmore, Chennai 08. 3.The Sub Registrar, Alandur Sub Registrar Office, No. 12, 1st Main Road, Nanganallur, Chennai 61.

Respondent(s)

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 1^st 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 1^st 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 3^rd respondent for registering the lease agreement, the 3^rd 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 1^st 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 3^rd respondent refused to register the rental agreement citing the impugned order passed by the 1^st respondent.

Hence, the present writ petition has been filed.

4.Learned Additional Government Pleader appearing for the respondents

1 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 1^st respondent. Further, since the 1^st respondent sent a communication stating that the petitioner is not registered with the 1^st respondent as per the provisions of Tamil Nadu Real Estate Regulatory Authority, the 3^rd respondent refused to register the petitioner’s rental agreement.

5.Learned counsel appearing for the 2^nd respondent would submit that their job is to approve the building plan a