Buyer sought enforcement of a TNRERA recovery warrant for refunded apartment consideration with interest. Court directed the District Collector and Tahsildar to implement/execute the recovery warrant within twelve weeks after personal hearing, without expressing opinion on merits.
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W.P.No.26186 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.26186 of 2024
S.Krishnaswamy ...Petitioner
Vs.
62, Beach Rd, George Town, Chennai, Tamil Nadu-1.
W.P.No.26186 of 2024
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondent No.2 and 3 herein, thereby directing them to comply with the expedite the order-cum-directions dated 06.06.2023 issued by the Hon'ble Tamil Nadu Real Estate and Regulatory Authority, Chennai.
For Petitioner : Mr.S.V.Pravin Rathinam
For Respondents : Mr.U.Baranidharan, AGP, for R1 to R3
ORDER
This Writ petition has been filed by the petitioner seeking direction to
the 2nd and 3rd respondents to comply with the expedite the order-cumdirections dated 06.06.2023 issued by the Hon'ble Tamil Nadu Real Estate and Regulatory Authority, Chennai.
notice on behalf of the respondents 1 to 3. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal at the admission stage itself.
respondents, notice to the 4th and 5th respondents is dispensed with.
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booked an apartment measuring an extent of 1143 sq. ft., in the 1st Floor, Flat No.113(Tower-2) of the project “Ramani Coconut Akshaya Today” and they entered into a Memorandum of Agreement dated 30.09.2013 with the 4th respondent, as per which, the petitioner had agreed to purchase the said apartment for a sale consideration of Rs.36,00,000/- and the 4th respondent had agreed to complete the entire construction within a period of 15 months from the date of the said agreement ie., within 31.12.2014. Since the 4th respondent failed to handover the possession of the flat within the agreed time, the petitioner and his late wife decided to terminate the said agreement dated 30.09.2013, vide termination letter dated 03.02.2015 and had sought for refund of the sum of Rs.34,92,000/- paid by the petitioner. However, as the 4th respondent failed to repay the amount, the petitioner filed a complaint u/s. 31 r/w 71 of the Real Estate (Regulation and Development) Act, 2016 in RCP.No.02 of 2022 and the Single Member bench, vide order dated 22.11.2022 directed the 4th respondent to refund the sum of Rs.34,92,000/along with interest at the rate of 9.30% p.a. from the date of payment till the date of repayment and also ordered for payment of Rs.25,000/- towards
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litigation expenses in favour of the petitioner. Despite the above said order, as the 4th respondent failed to repay the amount, the petitioner filed an Execution Petition in EP.No.06 of 2023 in RCP.No.02 of 2022 and the TNRERA, vide order dated 06.06.2023 issued a Recovery warrant directing the District Collector, Coimbatore to collect and satisfy the claims and though the said warrant was forwarded to the District Collector, Chennai/the 2nd respondent, however, till date, the 2nd respondent has not taken any effective steps for recovery of the amounts due from the 4th respondent. Hence, the petitioner has come up with the present Writ petition.
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any opinion on the merits of the case, directs the 2nd and 3rd respondents to implement/execute the Recovery Warrant dated 06.06.2023 issued by TNRERA in EP.No.06 of 2023 in RCP.No.02 of 2022, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and the 4th respondent, if there is no legal impediment.
costs.
10.09.2024
skt
Index : Yes/No Speaking order : Yes/No NCC : Yes/No 5/7
W.P.No.26186 of 2024
To:
Namakkal Kavignar Maaligai, Fort St. George, Chennai-600 009.
62, Beach Rd, George Town, Chennai, Tamil Nadu-1.
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W.P.No.26186 of 2024
M.DHANDAPANI, J.
skt
W.P.No.26186 of 2024
10.09.2024
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1 issue framed by the court
Whether respondents 2 and 3 could be directed to execute the TNRERA recovery warrant dated 06.06.2023 and recover the refund due from the developer within a fixed time.
2 provisions across 2 enactments
S.Krishnaswamy
The State of Tamil Nadu, Rep. by its Additional Chief Secretary
The Collector, Chennai District
The Tahsildar, Mylapore Taluk
M/s. Ramani Realtors Private Limited, Rep. by its Managing Director
Tamil Nadu Real Estate Regulatory Authority, Member-III
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
