Dr.S.Chandra v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.36937 of 2024 Dr.S.Chandra
...Petitioner
Vs.
1. The District Collector Collectorate Office Kancheepuram Kancheepuram District.
2. The Tahsildar Sriperumbadur Taluk Kancheepuram District.
3. Manju Foundations Private Limited Rep. By its Managing Director N.Vidhyasagar NO.8/57, Sapthaswara Apartments 2nd floor, Plot No.I,J,K and L 1st Avenue, Ashok Nagar, Chennai-600 083 ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to execute the recovery warrant issued under section 40(1) of the RERA Act R/w Section 26 of RERA Rules in EP.No. 18/2024 in RCP.No.61/2022 on the file of Tamil Nadu Real Estate Regulatory Authority for collecting the claim amount of 1/5
Rs.54,81,160/- Rupees Fifty Four Lakhs and Eighty One Thousand and One Hundred and Sixty Three only) along with 9.30 percentage interest per annum on the basis of the representation dated 20/07/2024. For Petitioner : Mr.R.Rajarajan For respondents 1 &2 : Mr.S.Balamurugan Government Advocate
O R D E R
The petitioner herein seeks a direction to respondents 1 and 2 to execute a recovery warrant issued by the Tamil Nadu Real Estate Regulatory Authority under Section 40(1) of RERA Act.
2. It is the case of the petitioner that there was a default on the part of the 3rd respondent in delivering the constructed building in time. Therefore, the petitioner moved the Real Estate Regulatory Authority and it passed an order directing the 3rd respondent to pay a sum of Rs.54,81,163/- together with interest and litigation expenses. Subsequently, the petitioner filed execution petition in E.P.No.18 of 2024 and a recovery warrant was issued under Section 40(1) of RERA Act. The recovery warrant was brought to the notice of the 1st respondent by the representation of the petitioner dated 20.07.2024. 2/5
3. Mr.S.Balamurugan, learned Government Advocate, who takes notice for the respondents 1 and 2, submits that recovery proceedings will be taken up in accordance with law and final order will be passed within a time stipulated by this Court.
4. In view of the same, without going into the merits of the claim made by the petitioner, the 1st and 2nd respondents are directed to complete the recovery proceedings as per the recovery warrant issued by Tamil Nadu Real Estate Regulatory Authority in E.P.No.18 of 2024 in R.C.P.No.61 of 2022 within a period of twelve weeks from the date of receipt of copy of this order as per the procedure laid down under Tamil Nadu Revenue Recovery Act after giving reasonable opportunity to the 3rd respondent.
5. With the above directions, the writ petition stands disposed of. No costs.
10.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/5
To
1. The District Collector Collectorate Office Kancheepuram Kancheepuram District.
2. The Tahsildar Sriperumbadur Taluk Kancheepuram District.
4/5
S.SOUNTHAR , J.
nr W.P No.36937 of 2024 10.12.2024 5/5