M/S.Jain Housing And Constructions Limited v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.22996 of 2023 WMP.Nos.22495 & 22496 of 2023 1.M/s.Jain Housing and Constructions Limited, Rep. by its Managing Director, Mr.Sandeep Mehta, Having office at, No.98/99, Habibullah Road, T.Nagar, Chennai - 600 017.

2.Sandeep Mehta

...Petitioner

-Vs1.The District Collector, Chennai District, Chennai - 600 001.

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

3.The Tahsildar, Mylapore Taluk, Chennai - 600 028.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records of the 2nd and 3rd 1/5

Respondent in the impugned demand notices vide A2/0655/2023 dated 27.06.2023, A2/0657/2023 dated 27.06.2023, A2/0656/2023 dated 27.06.2023, A2/0661/2023 dated 27.06.2023, A2/0658/2023 dated 27.06.2023, A2/0649/2023 dated 27.06.2023 issued by the 2nd Respondent and A3/1235/2023 dated 26.04.2023, A3/1298/2023 dated 27.04.2023, A3/1296/2023 dated 27.04.2023 A3/1297/2023 dated 27.04.2023, A3/1299/2023 dated 27.04.2023, A3/1294/2023 dated 27.04.2023 issued by the 3rd Respondent and quash the same. For Petitioner : Mr.Naveen Kumar Murthi for Ms.S.Varsha For RR1 to 3 : Mr.C.Kathiravan Special Government Pleader

ORDER

The petitioner has faced a certain Award passed by the Real Estate Regulatory Authority at Trivandrum, Kerala. In execution of the said Award passed by the RERA, a revenue recovery action has been initiated and the petitioner was served with notices by the second and third respondent. This is now under challenge.

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2.Mr.C.Kathiravan, learned Special Government Pleader takes notice for the respondents 1 to 3.

3.The learned counsel for the petitioner submits that wherever defects are noted, the petitioner has a statutory option of collecting the arrears within a period of two weeks. He further submitted that the builder can move the RERA for rectification, and this the petitioner is contemplating. 4.Since the petitioner has now strategized to work his way through statutory process, this Court deems it appropriate to grant the petitioner an opportunity. This Court therefore, stays all further action on the notices served by the second and third respondent for a period of three weeks from today.

5.The petitioner is informed that this Court will not consider extending the time herein fixed even by a day, if it comes before this Court on this issue again.

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6.The Writ Petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 03.08.2023 Index : Yes/No Internet : Yes/No Tsg To 1.The District Collector, Chennai District, Chennai - 600 001.

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

3.The Tahsildar, Mylapore Taluk, Chennai - 600 028.

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N.SESHASAYEE, J., Tsg Order made in 03.08.2023 5/5