Madras High CourtWP/13106/2023dismissed as withdrawal

Vgn Projectds Estates Pvt Ltd v. The Adjucating Officer

2024-06-21Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2397

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos.13106, 13126 & 13112 of 2023 and W.M.P.Nos.12872, 12875, 12877, 12889 & 27284 of 2023 VGN Projects Estates Private Limited Formerly known as VGN Property Developers Private Limited Y-222, VGN Kimberly Towers, 2nd Avenue, Anna Nagar, Chennai - 600 040 Rep. By its Director Mr.Pratish Vedhappudi .. Petitioner in all WPs vs 1.The Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority No.1A, First Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The District Collector, Chennai, Collectorate Office, Chennai - 600 001.

3.The District Collector, Chengalpattu, Collectorate Office, Chennai - 603 001.

4.The Tahsildar, Egmore Taluk, Chennai - 600 031.

5.The Tahsildar, Guindy Taluk, Chennai - 600 032.

6.The Tahsildar Tambaram Taluk, Chennai - 600 045.

7.The Tahsildar, 1/4

Tiruporur Taluk, Chengalpet District - 603 105.

8.Saranya Upendran .. Respondents in all WPs Prayer in W.P.No.13106 of 2024 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of declaration that with Sections 14 and 25 of the Tamil Nadu Revenue Recovery Act, 1864 are mandatory in nature and that all actions taken by respondent no.2 to 7 without complying with the same are ex facie null and void pass such further orders as this Court deems fit and proper and thus render justice. Prayer in W.P.No.13126 of 2024 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of declaration that respondent no.

1 in exercise of its powers under Real Estate (Regulation and Development) Act, 2016 is not entitled to direct attachment of properties save and except those which are before it in proceedings under the Real Estate (Regulation and Development) Act, 2016 and pass such further other orders as this Court deems fit and proper and thus render justice. Prayer in W.P.No.13112 of 2024 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records and quash the recovery warrant dated 26.07.2022 in E.P.No.86 of 2021 passed by respondent no.1 and consequentially direct respondent nos. 2 to 7 to not take any further action based on orders dated 26.07.2022 passed by respondent no.

1 and pass such other order as this Court may deem fit in the facts and circumstances of the case.

Ms.Vaishnavi Subrahmanyam (in all writ petitions) For Respondents :

Mr.U.Baranidharan, Additional Government Pleader for R1 to R7 Mr.Bharadwaja Ramasubramaniam for R8 (in all writ petitions) COMMON ORDER Ms.Vaishnavi Subrahmanyam, appearing for the petitioner and Mr.Bharadwaja Ramasubramaniam, appearing for private respondents state that the matter has been settled. The parties have entered into 2/4

Memo of Understanding dated 17.06.2024 referring to the terms of settlement and the same is circulated by the parties along with a covering memo dated 21.06.2024, that reads as follows:- "1.The instant Writ Petitions were filed seeking to quash the Recovery Warrant dated 26.07.22 in E.P.NO.86 of 2021 passed by Respondent No.1 and further declare that the 1st Respondent is not entitled to pass disproportionate orders of attachment of properties in recovery warrants.

2. That during the pendency of the instant Writ Petitions, the matter came to be settled between the Petitioner and 8th Respondent vide Memorandum of Understanding dated 17 June 2024("MoU"). In light of the this MoU, nothing survives in the aforesaid Writ Petitions.

In light of the above, it is most respectfully prayed that this Hon'ble Court be pleased to take this Memo along the Memorandum of Settlement dated 17 June 2024 on record and pass appropriate orders and thus, render justice."

Learned counsel for the petitioner states that petitioner had vide interim order dated 27.04.2024 deposited INR Rupees 2 crores in an interest bearing fixed deposit with the Hongkong and Shangai Banking Corporation in favour of R1, being Tamil Nadu Real Estate Regulatory Authority(TNRERA). The petitioner has, on 01.06.2023, filed a letter of compliance for the same.

With the settlement of the disputes inter se the parties, the petitioner is at liberty to approach TNRERA/ R1 to obtain return / refund of the funds.

DR. ANITA SUMANTH,J.

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Recording the submission of learned counsel on record for the petitioner for withdrawal of these writ petitions, these writ petitions and connected miscellaneous petitions are dismissed as withdrawn. No costs. 21.06.2024 Index:Yes/No ssm To 1.The Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority No.1A, First Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.