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Madras High CourtWP/496/2024disposed of with direction

R.Santhanaraj v. The District Collector

2025-11-07Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Santhanaraj ... Petitioner (In W.P.Nos.496 & 498 of 2024) K.Saravana Easwaran ... Petitioner (In W.P.No.500 of 2024) Vs 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Tahsildar, Tiruvarur.

3.M/s.Eco Bay Developers and Builders Pvt.Ltd., Rep by its Managing Director, 1/8

Sebastian BM Gomes 15/5, Mathru Shree, 3 rd Floor, 18 th Cross, Malleshwaram, Bangalore-560 055.

... Respondents (In W.P.Nos.496, 498 & 500 of 2024 ) PRAYER in W .P.No.496 of 202 4 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1 st respondent herein to forthwith implement the order of the Tamil Nadu Real Estate Regulatory Authority, Chennai dated 03.01.2022 made in EP.No.27 of 2021 in CCP No.178 of 2019 by initiating action under the Revenue Recovery Act to recover the Refund and Compensation amount of Rs.46,19,973/- (as of 31.12.2023) from the 3 rd respondent.

PRAYER in W .P.No.

of 202 4 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1 st respondent herein to forthwith implement the order of the Tamil Nadu Real Estate Regulatory Authority, Chennai dated 03.01.2022 made in EP.No.19 of 2021 in CCP No.60 of 2019 by initiating action under the Revenue Recovery Act to recover the Refund and Compensation amount of Rs.51,10,287/- (as of 31.12.2023) from the 3 rd respondent.

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PRAYER in W .P.No.

of 202 4 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1 st respondent herein to forthwith implement the order of the Tamil Nadu Real Estate Regulatory Authority, Chennai dated 03.01.2022 made in EP.No.28 of 2021 in CCP No.64 of 2019 by initiating action under the Revenue Recovery Act to recover the Refund and Compensation amount of Rs.48,91,963/- (as of 31.12.2023) from the 3 rd respondent.

(In W.P.Nos.496, 498 & 500 of 2024 ) For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Ms.S.Anitha, Special Government Pleader for RR-1 & 2 : Mrs.R.Kanishka for M/s.Nathan & Associates for R-3 C O M M O N O R D E R Since the issue arises in these Writ Petitions being one and the same, 3/8

these Writ Petitions are disposed of by way of a common order.

2. These Writ Petitions have been filed seeking a direction to the 1 st respondent herein to forthwith implement the order of the Tamil Nadu Real Estate Regulatory Authority, Chennai dated 30.01.2022 made in EP.Nos.27, 19 & 28 of 2021 in CCP Nos.178, 60 & 64 of 2019 respectively.

3. It is the case of the petitioners that due to non-implementation of the order dated 30.01.2020 passed by the Tamil Nadu Real Estate Regulatory Authority, Chennai (for short 'TNRERA') directing the 3 rd respondent herein to disburse the compensation amount in favour of the petitioners, the petitioners have filed the respective execution petitions before the TNRERA wherein, a recovery warrant under Section 40(1) of the RERA Act was issued to the 1 st respondent vide order dated 03.01.2022 to satisfy the claims in favour of the petitioners in terms of the order dated 30.01.2020. Upon receipt of which, the 1 st respondent had issued a direction to the 2 nd respondent to recover the amounts due to the petitioners from the 3 rd respondent. However, till date, no action has 4/8

been taken by the 2 nd respondent in this regard. Having left with no remedy, the petitioners have come up with the present Writ Petitions.

4. Learned counsel appearing for the petitioners submitted that, it would suffice, if this Court issues a direction to the respondents 1 & 2 to implement the order dated 03.01.2022 of the TNRERA within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned counsel appearing for the respondents.

6. In view of the limited relief sought for by the petitioners, this Court without expressing any opinion on the merits of the case, directs the respondents 1 & 2 to implement the order dated 03.01.2022 passed by the Tamil Nadu Real Estate Regulatory Authority, Chennai in respective Execution Petitions within a period of six (6) weeks from the date of receipt of a copy of this order. 5/8

7. These Writ Petitions are disposed of with the aforesaid direction. There shall be no order as to costs.

07.11.2025 (1/2) Index : Yes / No Speaking Order / Non-speaking order Nhs To 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Tahsildar, Tiruvarur.

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M.DHANDAPANI, J Nhs 7/8

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