Subramaniam Viswanthan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
1. Subramaniam Viswanthan 2.G.Revathy Viswanathan Petitioner(s) Vs
1. The District Collector Fourth Floor,M.Singaravelar Maaligai, 62,Rajaji Salai,Chennai Collectorate, Chennai 600 001.
2.The Tahsildar, Anna Salai, Next To MGR University, Guindy, Chennai 600 032.
3.Selene Estate Limited, Represented By its Authorised Signatory, New No.63, G.N.Chetty Road, T.Nagar, Chennai 600017.
4.India Bulls Housing Finance Ltd., Represented By Its Authorised Signatory, M-62 And M-63, 1st Floor, Connaught Place, New Delhi 110001.
Respondent(s)
PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the Petitioners dated 22.07.2025 and initiate action in accordance with law and under the provisions of Revenue Recovery Act,1864 within a time frame to be fixed by this honble court. For Petitioner(s):
Mr.B. Arvind Srevatsa For Respondent:
Mr.Pa.Ganesan, AGP RR1 & 2 R3 - Notice dispensed with
ORDER
This petition has been filed seeking a direction to the 1st respondent to consider the representation of the Petitioners dated 22.07.2025 and initiate action in accordance with law and under the provisions of Revenue Recovery Act,1864.
2. It is the case of the petitioner that the petitioner herein filed CCP. No.162 of 2021 against the respondents 3 & 4 before the Tamil Nadu Real Estate Regulatory Authority (TNRERA) and the same was allowed by order dated 21.12.2022. Thereafter, the petitioners herein have filed EP. No.30 of 2023 to execute the order dated 21.12.2022 passed in CCP. No.162 of 2021 on the file of the TNRERA and the TNRERA vide order dated 15.10.2023 has been pleased to issue a recovery warrant for a sum of Rs.1,05,09,2013/- be recovered from the 3 rd respondent under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016 read with Rule 26 of the Tamil Nadu Real Estate
(Regulation and Development) Rules, 2017 read with Tamil Nadu Revenue Recovery Act, 1864 and directed the first respondent to pay this sum of Rs.1,05,09,213/- to the petitioners. Further, a representation dated 22.07.2025 was sent by the petitioners to the first and second respondent requesting them to implement the order of recovery for initiating action to recover the amounts due and payable under Section 40(1) of the Real Estate (Regulation and Development) Act, read with Rule 26 of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 read with Tamil Nadu Revenue Recovery Act, 1864. However, till date, no order is passed. Hence, the present writ petition.
3. The learned counsel for the petitioner submitted that this Court may direct the first respondent to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents submitted that the representation will be considered and orders will be passed within the stipulated time as fixed by this Court.
5. Heard the learned counsel for both side and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the
limited request sought for by the petitioner, this court directs the first respondent to consider and pass orders on the petitioner's representation dated 20.08.2025 and implement the order dated 15.10.2023 within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition is disposed of. No costs. 10-11-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector Fourth Floor, M.Singaravelar Maaligai, 62,Rajaji Salai, Chennai Collectorate,Chennai 600 001 2.The Tahsildar, Anna Salai, Next To MGR University, Guindy, Chennai 600 032.
M.DHANDAPANI J.
rli 10-11-2025