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Madras High CourtWP/16308/2021disposed of

Dr.R.Bhanumathi v. The Chief Secretary

2021-11-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.16308 of 2021 And W.M.P.No.17273 of 2021 Dr.R.Bhanumathi ... Petitioner Vs.

1. The Chief Secretary Government of Puducherry, Main Building, Chief Secretariat,

2. The Regulatory Authority Puducherry Real Estate Regulatory Authority (PRERA) Office of the Town and Country Planning Department, Jawahar Nagar, Boomianpet, ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to appoint the Adjudicating Authority in consultation with the 1st respondent as per Section 71(1) of the Real Estate (Regulation and Development) Act, 2016 within a stipulated time and consequently to direct the 2nd respondent to number the complaint in 'Form N' dated 20.04.2021 filed by the petitioner and to adjudicate the same in accordance with law.

For Petitioner : Mr.Ralph V.Manohar For Respondents : No Appearance

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to appoint the Adjudicating Authority in consultation with the first respondent as per Section 71(1) of the Real Estate (Regulation and Development) Act, 2016 within a stipulated time and to consequently direct the second respondent to number the complaint in 'Form N' dated 20.04.2021 filed by the petitioner and to adjudicate the same in accordance with law. 2.It is represented by the learned counsel appearing for the petitioner that during the pendancy of this writ petition, the Adjudicating Authority was appointed in consultation with the first respondent as per Section 71(1) of the Real Estate (Regulation and Development) Act, 2016, on 23.11.2021.

Hence, this Court may issue direction to the second respondent to number the complaint in 'Form N' dated 20.04.2021 filed by the petitioner and to adjudicate the same in accordance with law. 3.In view of the above, this Court directs the second respondent to to adjudicate the petitioner's complaint in 'Form N' dated 20.04.2021, in accordance with law, and dispose of the same as expeditiously as possible.

4.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar pri To

1. The Chief Secretary Government of Puducherry, Main Building, Chief Secretariat,

2. The Regulatory Authority Puducherry Real Estate Regulatory Authority (PRERA) Office of the Town and Country Planning Department, Jawahar Nagar, Boomianpet, +2ccs to Mr.Ralph V.Manohar, Advocate, S.R.No.61399 +1cc to the Government Pleader, S.R.No.61638 W.P.No.16308 of 2021 And W.M.P.No.17273 of 2021 PA[co] NSK 20/01/2022