Madras High CourtWP/45189/2025disposed of

A.Somasundaram v. The District Collector

2025-12-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR A.Somasundaram .. Petitioner

Versus

The District Collector Office of the District Collector Kancheepuram District Kancheepuram - 631 501 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to expeditiously execute the recovery warrant dated 17.11.2021 issued by the learned Adjudicating Officer, TNRERA in respect to the order in EP.No.3 of 2021 in C.C.P.No.318 of 2019 by fixing a time frame.

For Petitioner : Mr.T.Raghavan For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner seeks for a direction to the respondent to expeditiously execute the recovery warrant dated 17.11.2021 issued by the learned Adjudicating 1 / 4

Officer, TNRERA in respect to the order in EP.No.3 of 2021 in C.C.P.No.318 of 2019.

2. The petitioner has originally booked the flat No.502, in 4 th floor of 'F'

Block, in the residential home project 'MARG BRINDAVAN' situated at Pondur Village, Sriperumbudur Taluk, Kancheepuram District developed by M/s.Marg Properties Limited (Promoter). Since the promoter did not hand over the possession of the flat as per the construction agreement by April 2014, the petitioner has withdrawn the booking and sought refund. In this regard, he has also filed a complaing bearing C.C.P.No.318 of 2019 before the Tamil Nadu Real Estate Regulatory Authority (TNRERA). The TNRERA, adjucating authority has passed an order dated 29.09.2020 directing refund of amount, since the amount has not been paid, Execution Petition is also filed in EP.No.3 of 2021 in CCP.No.318 of 2019. Now, recovery warrant is passed vide order dated 29.10.2021 and issued to the respondent on 17.11.2021 under Section 40(1) of the RERA Act read with Rule 26 of TNRERA Rules, 2017 directing to recover the amount due under the above order in favour of the petitioner.

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3 . It is the grievance of the petitioner despite the warrant is passed as early as on 29.10.2021 and issued to the District Collector on 17.11.2021, the District Collector has not taken any action. Hence, seeks for a direction.

4. Considering the limited relief sought for in this writ petition and as the warrant is also issued by the concerned authority, it is for the District Collector to execute the same as mandated under Section 40(1) of the RERA Act read with Rul 26 of the TNRERA Rules, 2017. The respondent is directed to comply with the order passed by the RERA/adjudicating authority within a period of two months from the date of receipt of a copy of this order.

5. Accordingly, this petition stands disposed of. No costs. 01.12.2025 dhk Index :Yes/No Internet :Yes/No : Yes/No 3 / 4

N. SATHISH KUMAR , J.

dhk To, The District Collector Office of the District Collector Kancheepuram District Kancheepuram - 631 501 W.P.No.45189 of 2025 01.12.2025 (1/3) 4 / 4