Madras High Court
M/S.Pacifica (Chennai Project) ... vs The Adjudicating Officer on 8 September, 2022
W.P.No.23973 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.23973 of 2022
and
W.M.P.Nos.22953 & 22954 of 2022
1.M/s.Pacifica (Chennai Project) Infrastructure Company Pvt., Ltd.,
Represented by its Authorised Signatory.
2.M/s.Pacifica Builders Pvt., Ltd.,
Represented by its Authorised Signatory,
Both At 33, Amrapalash Bungalows,
Behind Fun Republic, Ramdevnagar,
Ahmedabad-380 015. ..Petitioners
Vs.
1.The Adjudicating Officer,
Tamil Nadu Real Estate Regulatory Authority,
1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore,
Chennai – 600 008.
2.A.Jayakumar
3.J.Mangayarkarasi ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Certiorari, calling for the record of the 1st
respondent herein passed in CCP.No.82 of 2020 dated 30.07.2021 and quash
the same.
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.23973 of 2022
For Petitioner : Mr.K.Venkatasubban
ORDER
Considering the limited prayer sought for in the Writ Petition, this
Writ Petition is taken up for disposal at the admission stage with the consent
of the learned counsel appearing for the parties.
2. The learned counsel would conted that the Original Authority
had no jurisdiction to pass the order which has been confirmed in appeal by
the Appellate Authority. The Appellate Authority dismissed the appeal filed
by the petitioner for non-payment of 100% of the compensation awarded by
the Original Authority, in view of the judgment of the Hon'ble Supreme
Court in Newtech Promoters and Developers Pvt., Ltd., Vs. State of Uttar
Pradesh and others reported in 2021 SCC Online SC 1044.
Mr.K.Venkatasubban, learned counsel apparing for the petitioner would
vehemently contend that since the very order of the Original Authority is
without jurisdiction, he can challenge it in the writ petition.
3. I do not think such a course is permissible. Once the order of
https://www.mhc.tn.gov.in/judis
W.P.No.23973 of 2022
the Original Authority is confirmed by the Appellate Authority and the order
of the Appellate Authority had become final, immaterial of the ground on
which the appeal was dismissed, the petitioner cannot challenge the order of
the Original Authority under Article 226 of the Constitution of India.
4. Hence, the writ petition is dismissed. It is open to the
petitioner to move the Appellate Authority if he is so adviced.
08.09.2022
dsa
Index : Yes/No
Internet : Yes/No
Speaking order/Non-Speaking order
Note:- Issue order copy by 09.09.2022.
To
The Adjudicating Officer,
Tamil Nadu Real Estate Regulatory Authority,
1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore,
Chennai – 600 008.
https://www.mhc.tn.gov.in/judis
W.P.No.23973 of 2022
R.SUBRAMANIAN, J.
dsa
W.P.No.23973 of 2022
08.09.2022
https://www.mhc.tn.gov.in/judis
