Disposed

Mr.Sajit Haridas v. the State of Tamil Nadu

Madras HC10 Dec 2024WP/34187/2024

Case brief

AI extract

What is this about?

This petition sought a writ of mandamus directing the District Collector and Tahsildar to execute an order by the Tamil Nadu Real Estate Regulatory Authority. The Court directed the officials to initiate revenue recovery proceedings against the defaulting developer within twelve weeks.

What did the court decide?

Directions issued to initiate revenue recovery proceedings under Revenue Recovery Act within 12 weeks.

Mr.Sajit Haridas Vs the State of Tamil Nadu — Cheque Dishonour | Madras HC (2024)

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W.P.No.34187 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :10.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

W.P.No.34187 of 2024

Sajit Haridas

..... petitioner

Vs.

1.The State of Tamil Nadu, Represented by its Additional Chief Secretariat, Namakkal Kavignar Maaligai, Fort St. George, Chennai – 600 009.

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2.The Collector, District Collector Office, GST Road, Chengalpattu, Tamil Nadu – 603 001.

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3.The Tahsildar, O/o/The Tahsildar, No./69/40, Anna Salai, Little Mount, Guindy.

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4.M/s.Vijay Shanthi Builders Limited, Represented by its Managing Director, Old Door No.8, New Door No.21, First Avenue, Indira Nagar, Adyar, Chennai – 600 020.

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5.Tamil Nadu Real Estate Regulatory Authority,

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1/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.34187 of 2024

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Member – III, Egmore, Chennai – 600 008.

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..... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, against the respondents 2 and 3 herein, thereby directing them to comply with and expedite the order-cum-directions dated 08.09.2023 issued by the Tamil Nadu Real Estate and Regulatory Authority, Chennai.

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For petitioner : Mr.S.V.Pravin Rathinam For Respondents :Mr. V.Ramesh Government Advocate for R1 and R3 R4-unserved R5-No Appearance

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O R D E R

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This writ petitioner seeks a direction to the respondents 2

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and 3 to execute the order passed by the Tamil Nadu Real Estate and

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Regulatory Authority, Chennai, dated 08.09.2023.

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2. It is the case of the petitioner that the 4 th respondent failed

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2/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.34187 of 2024

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to complete the construction and hand over building in time. Therefore, the

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petitioner preferred a complaint before the Tamil Nadu Real Estate and Regulatory Authority, Chennai in CCP.No.94 of 2021. The said authority directed the 4 th respondent to pay a sum of Rs.66,64,522/- together with interest and litigation expenses. The recovery warrant issued by said authority was communicated to the second respondent by letter dated 10.10.2023. Inspite of the same, the respondents 2 and 3 have not taken any steps to initiate proceedings under Revenue Recovery Act and collect the compensation amount from the 4 th respondent. Therefore, the writ petition has filed before this Court.

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3. Mr.V.Ramesh, learned Government Advocate appearing for

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the respondents 1 to 3 would submit that the Revenue Recovery Proceedings will be completed in accordance with law within time fixed by this Court.

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4. In view of the same, without going into the merits of the

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claim made by the writ petitioner, the respondents 2 and 3 are directed to initiate proceedings under Revenue Recovery Act pursuant to the recovery

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3/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.34187 of 2024

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warrant issued in CCP.No.94 of 2021 on the file of Tamil Nadu Real Estate

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Regulation Authority, Chennai and complete the revenue recovery proceedings in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order, after affording opportunity to the 4 th respondent.

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5. Accordingly, this writ petition is disposed of. No costs.

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10.12.2024

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No ub

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1.The State of Tamil Nadu, Represented by its Additional Chief Secretariat,

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4/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.34187 of 2024

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Namakkal Kavignar Maaligai, Fort St. George, Chennai – 600 009.

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2.The Collector, District Collector Office, GST Road, Chengalpattu, Tamil Nadu – 603 001.

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3.The Tahsildar, O/o/The Tahsildar, No./69/40, Anna Salai, Little Mount, Guindy.

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4.M/s.Vijay Shanthi Builders Limited, Represented by its Managing Director, Old Door No.8, New Door No.21, First Avenue, Indira Nagar, Adyar, Chennai – 600 020.

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5.Tamil Nadu Real Estate Regulatory Authority, Member – III, Egmore, Chennai – 600 008.

S.SOUNTHAR, J.

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https://www.mhc.tn.gov.in/judis

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W.P.No.34187 of 2024

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W.P.No.34187 of 2024

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10.12.2024

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https://www.mhc.tn.gov.in/judis

Mr.Sajit Haridas v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Mr.Sajit Haridas v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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