The Madras High Court directed the 2nd respondent to adjudicate the petitioner's complaint as per RERA Act, 2016. The court noted the Adjudicating Authority was appointed on 23.11.2021 during the petition's pendency and ordered expeditious disposal.
2nd respondent directed to adjudicate petitioner's complaint under Form N expeditiously.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.16308 of 2021 And W.M.P.No.17273 of 2021
Dr.R.Bhanumathi
... Petitioner
Vs.
Country Planning Department, Jawahar Nagar, Boomianpet, Puducherry – 605 005. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to appoint the Adjudicating Authority in consultation with the 1st respondent as per Section 71(1) of the Real Estate (Regulation and Development) Act, 2016 within a stipulated time and consequently to direct the 2nd respondent to number the complaint in 'Form N' dated 20.04.2021 filed by the petitioner and to adjudicate the same in accordance with law.
For Petitioner : Mr.Ralph V.Manohar
For Respondents : No Appearance
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to appoint the Adjudicating Authority in consultation with the first respondent as per Section 71(1) of the Real Estate (Regulation and Development) Act, 2016 within a stipulated time and to consequently direct the second respondent to number the complaint in 'Form N' dated 20.04.2021 filed by the petitioner and to adjudicate the same in accordance with law.
2.It is represented by the learned counsel appearing for the petitioner that during the pendancy of this writ petition, the Adjudicating Authority was appointed in consultation with the first respondent as per Section 71(1) of the Real Estate (Regulation and Development) Act, 2016, on 23.11.2021. Hence, this Court may issue direction to the second respondent to number the complaint in 'Form N' dated 20.04.2021 filed by the petitioner and to adjudicate the same in accordance with law.
3.In view of the above, this Court directs the second respondent to to adjudicate the petitioner's complaint in 'Form N' dated 20.04.2021, in accordance with law, and dispose of the same as expeditiously as possible.
4.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/Assistant Registrar(CS IV)
True Copy//
Sub Assistant Registrar
pri
To
W.P.No.16308 of 2021 And W.M.P.No.17273 of 2021
PA[co] NSK 20/01/2022
2 issues framed by the court
Whether the Regulation Authority must appoint an Adjudicating Authority and adjudicate the petitioner's complaint as per Section 71(1) of the RERA Act.
Whether the writ petitioner is entitled to a direction to number and adjudicate the filed complaint.
2 provisions across 2 enactments
Dr. R. Bhanumathi
The Chief Secretary, Government of Puducherry
The Regulatory Authority Puducherry Real Estate Regulatory Authority (PRERA)
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
