Madras High CourtWP(MD)/7343/2025disposed of

Adaikkan v. Ms. The Tamil Nadu Real Estate Regulatory Authority (Tnrera)

2025-03-19Honourable Mr.Justice Vivek Kumar Singh9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Adaikkan ... Petitioner -vs1.Ms. Tamil Nadu Real Estate Regulatory Authority (TNRERA), Represented by its Principal Secretary to the Government, No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008.

2.The Director, Town and Country Planning Department, 2nd, 3rd and 4th Floor, C and E Market Road, Koyembedu, Chennai - 600 107.

3.The District Collector / Inspector of Panchayat, Pudukkottai District, Pudukkottai.

4.The District Revenue Officer, Pudukkottai District, Pudukkottai.

5.The District Registrar, District Registration Office, Karaikudi Registration District, Trichy Bye-Pass Road, Karaikudi, Sivagangai District.

6.The Superintendent of Police, Thirumayam Road, Pudukkottai, Pudukkottai District - 622 001.

7.The Assistant Director of Panchayat, Pudukkottai District, Pudukkottai.

8.The Revenue Court (Sub-Collector), Trichy.

9.The Revenue Divisional Officer, Illuppur, Pudukottai District - 622 102.

10.The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District - 622 407.

11.The Block Development Officer (Panchayat), Ponnamaravathy Block, Pudukkottai District - 622 407.

12.The Sub-Registrar, Sub-Registrar Office, Ponnamaravathy Taluk, Pudukkottai District - 622 407.

13.The Inspector of Police, Ponnamaravathy Police Station, Ponnamaravathy, Pudukkottai District.

14.The Assistant Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, Ponnamaravathy Town, Ponnamaravathy, Pudukkottai District.

15.The Executive Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, Ponnamaravathy Town, Ponnamaravathy, Pudukkottai District.

16.The Panchayat President, Thoothur Village Panchayat, Ponnamaravathy Taluk, Pudukkottai District.

17.Rajasundaram 18.Muthupalaniappan 19.Subramaniam @ Subramanian 20.Sivakumar 21.Shasudeen ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 11th respondent / the Block Development of Ponnamaravathy in Na.Ka.The2/1415/2024 dated 15.07.2024 and quash the same as illegal and consequently, direct the 11th respondent / the Block Development of Ponnamaravathy and 16th respondent / the President of Thoothur Village to restore the house tax receipt for Door No.380/A, Rajiv Nagar, Ward No.6, Thoothour Village, Ponnamaravathy Taluk, in the name of the petitioner, within the stipulated time fixed by this Court.

For Petitioner : Mr.R.Rajaraman For R1 : Mr.R.Satheesh Standing Counsel For R2 to R5, R7 to R12 and R16 : Mr.C.Venkateshkumar Special Government Pleader For R6 and R13 : Mr.K.Gnanasekaran Government Advocate (Crl. side) For R14 and R15 : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition has been filed seeking to quash the impugned order of the 11th respondent / the Block Development of Ponnamaravathy in Na.Ka.The2/1415/2024 dated 15.07.2024 and a consequential direction to the 11th respondent / the Block Development of Ponnamaravathy and 16th respondent / the President of Thoothur Village to restore the house tax receipt for Door No.380/A, Rajiv Nagar, Ward No.6, Thoothour Village, Ponnamaravathy Taluk, in the name of the petitioner.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 2 to 5, 7 to 12, and 16

submitted that the petitioner has only challenged the proceedings of the 11th respondent, dated 15.07.2024, addressed to the 16th respondent, based on petitions received from the respondents 20 and 21 regarding the issuance of house tax receipt to the petitioner for Survey No.361/9. In the said proceedings, the 11th respondent directed the 16th respondent to scrutinize the documents submitted by the 20th respondent and to issue the house tax receipt to the correct person in respect of the aforementioned survey number. Therefore, the present Writ Petition is not maintainable and prayed for dismissal of the Writ Petition.

3. Considering the above said submissions, there shall be a direction to the 16th respondent herein to consider the petitioner's case, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the respondents 17 to 21, as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the 16th respondent to consider the same on its own merits.

4. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 19.03.2025 Index : Yes / No smn2 To:- 1.The Principal Secretary to the Government, Tamil Nadu Real Estate Regulatory Authority (TNRERA), No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008.