Muthu Meenal Kasinathan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.3205 OF 2022 Muthu Meenal Kasinathan ... Petitioner Vs.

1. The Tahsildar, Thiruporur Taluk, Thiruporur - 603 110, Tamilnadu.

2. The Tahsildar, Vandalur Taluk, Chengalpattu Taluk - 603 302

3. The District Collector, Chengalpet District Collector Office, GST Road, Chengalpattu - 603001

4. Real Value Promoters Represented by its Managing Director Mr.V.S.Suresh Ambojini No.17, Poes Road, IInd Street, Teynampet, Chennai - 600018.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, directing the respondent Nos. 1 2 and 3 to forthwith take appropriate, prompt and expeditious steps in exercise of their powers of attachment and sale of the assets belonging to the respondent No.4 for the recovery of arrears due to the petitioner under the Recovery Warrant issued by the Tamil Nadu Real Estate Regulatory Authority (hereinafter referred to as the TNRERA) vide order passed in E.P. No.64 of 2019 in CCP No. 127 of 2018 dated 06.11.2019.

For Petitioner :

Mr.R.Bharadwajaramasubramaniam For Respondents :

Mr.TNC Kaushik for R1 to R3 Additional Government Pleader

O R D E R

Read this order in conjunction with order dated 21.02.2022, which reads as follows:

'Mr.TNC.Kaushik, learned Additional Government Pleader accepts notice for R1 to R3 and seeks sometime to obtain instructions and file a counter. In view of the order that is proposed to be passed based on the deliberations that have transpired today, no notice is thought necessary to R4 at this juncture.

2. Mr.S.Rajan, Tahsildar, Thiruporur/R1 is present in Court to instruct the learned Additional Government Pleader. He would admit to the delay in execution of warrant as issued by the District Collector/R3 as early as on 11.10.2020 and would seek a few days' time to place in writing their submissions.

3. List on 28.02.2022. Counter/written instructions by then with an advance copy served upon the petitioner.'

2. Today, a status report is filed by the Tahsildar, to the effect that action has been initiated for the recovery of the amount by issuing notice in Form I on 23.02.2022. He states that recovery proceedings will be continued as per the provision under the Tamil Nadu Revenue Recovery Act 1864. The said statement is recorded.

3. The aforesaid proceedings shall continue and shall be concluded within a period of eight(8) weeks from today (28.02.2022).

4. With the above observation, this Writ Petition stands disposed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar msv To

1. The Tahsildar, Thiruporur Taluk, Thiruporur - 603 110, Tamilnadu.

2. The Tahsildar, Vandalur Taluk, Chengalpattu Taluk - 603 302

3. The District Collector, Chengalpet District Collector Office, GST Road, Chengalpattu - 603001

4. The Tamil Nadu Real Estate Regulatory Authority, Chennai.

+3ccs to Mr.R.Bharadwajarama subramaniam, Advocate, S.R.No.13882 +1cc to the Government Pleader, S.R.No.13766 W.P.No.3205 of 2022 RGN(CO) RLP(01/04/2022)