P.Soundararajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.8149 of 2025 P.SOUNDARARAJAN V.UMAPATHY 3.
S.SURESHKUMAR 4.
S.THANUMALAYAN 5.
R.RAMESH 6.
B.HEMAMAALINI 7.
P. SUJATHA 8.
P.SOUNDARARAJAN 9.
S.PANDURANGAN 10.
S.VIJAYALAKSHMI 11.
S. PONNI 12.
S.ARAVINDHAN 13.
K.ANNADURAI 14.
P.CHANDRESAN 15.
A.SRINIVASAN 16.
M.PRASATH 17.
A. ARULMOZHI 18.
M.RAJASHEKARAN 19.
M.RAJASHEKARAN 20.
T.GANESAN 21.
S.GOVINDARAJAN REP. BY POWER AGENT S.SEENIVASAN 22.
P. SWAMINATHAN (DIED) 23.
MANJULA 24.
PONNI 25.
SAMPSON ... Petitioners Vs 1/5
THE DISTRICT COLLECTOR, CHENGALPATTU DISTRICT, COLLECTORATE, GST ROAD, CHENGALPATTU - 603 001.
THE TAHSILDHAR, CHENGALPATTU TALUK, TALUK OFFICE, VOC NAGAR, GST ROAD, CHENGALPATTU - 603 001.
3.
M/S. RVS DEVELOPERS PVT LTD., REP. BY DIRECTOR MR.SENTHIL AZHAGAN, FLAT NO.8, FIRST FLOOR, T.S.KRISHNA NAGAR, MOGAPPAIR, (OPPOSITE TO IYYANAR STORES) MOGAPPAIR, CHENNAI - 600 037.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 an 2 to execute the Recovery Warrant issued under Section 40(1) of RERA Act, 2016 by Adjudicating Officer, TNRERA dated 22.02.2022 in EP.Nos.49 to 70 of 2021 by considering the petitioner's representation dated 22.08.2024 by way of auctioning the attached properties.
For Petitioner : Mr.V.Rajesh Babu For R1 & R2 : Mr.S.Balamurugan Government Advocate
ORDER
The writ petition is filed for a mandamus directing the first and second respondents to execute the recovery warrant issued under Section 40(1) of 2/5
RERA Act, 2016, by the Adjudicating Officer of TNRERA, dated 22.02.2022 in EP.Nos.49 to 70 of 2021 by considering the petitioner's representation dated 22.08.2024 by way of auctioning the attached properties.
2. In view of the nature of prayer that is made, the writ petition is disposed of at the admission stage without notice to the third respondent.
3. It is the case of the petitioner that the order of the RERA Authority has become final and further orders have been passed in the execution petition. Therefore, it goes without saying that the first and second respondents shall take steps to realise the amount due, as per the provisions of the Revenue Recovery Act.
4. When the matter came up for admission, Mr.S.Balamurugan, the learned Government Advocate taking notice on behalf of the first and second respondents would submit that the matter is under process and that effective steps will be taken to recover the amount due within four weeks. 3/5
5. Recording the same, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 04.03.2025 nsl To THE DISTRICT COLLECTOR, CHENGALPATTU DISTRICT, COLLECTORATE, GST ROAD, CHENGALPATTU - 603 001.
THE TAHSILDHAR, CHENGALPATTU TALUK, TALUK OFFICE, VOC NAGAR, GST ROAD, CHENGALPATTU - 603 001.
4/5
D.BHARATHA CHAKRAVARTHY, J.
nsl 04.03.2025 5/5