Pradipta Kumar Das Vs The District collector

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 1^st respondent to consider the petitioner’s representation dated 4.12.2021, 11.12.2021, 21.12.2021 and 11.01.2022 regarding to comply the order dated 23.03.2021 passed in Execution Petition No. 42 of 2020 in CCP No. 102 of 2019 on the file of Tamil Nadu Real Estate Regulatory Authority, Chennai for enforcement/ execution of the above said order as expeditiously as possible within a period of stipulated time by appreciating the above said facts and circumstances.

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WP No. 8635 of 2022

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For Petitioner(s): Mr.K.Jaisankar

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For Respondent(s): Mr.P.Ganesan Government Advocate For R1 No Appearance For R2

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ORDER

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This writ petition has been filed seeking to direct the 1^st respondent to consider the petitioner’s representations dated 4.12.2021, 11.12.2021, 21.12.2021 and 11.01.2022 regarding to comply the order dated 23.03.2021 passed in Execution Petition No. 42 of 2020 in CCP No. 102 of 2019 on the file of Tamil Nadu Real Estate Regulatory Authority, Chennai for enforcement/ execution of the above said order as expeditiously as possible.

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2 .Learned counsel for the petitioner would submit that the petitioner made several representations dated 4.12.2021, 11.12.2021, 21.12.2021 and 11.01.2022 before the 1 st respondent seeking to initiate further action on the order passed by the Adjudicating Officer, TNRERA in E.P.No.42 of 2020 in CCP.No.102 of 2010, whereby the Adjudicating Officer has directed to issue recovery warrant under Section 40(1) of the RERA Act, read with Rule 26 of TNRERA Rules and send it to the District Collector, Chengalpattu District, Chengalpattu, to collect the same to satisfy the claims under the orders passed in favour of the petitioner herein. However, the representations of the petitioner have not been considered till date. Hence, the present writ petition has been

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WP No. 8635 of 2022

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filed.

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3.Learned Government Advocate appearing for the 1 st respondent would

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submit that the representations of the petitioner will be considered and the same will be disposed of as expeditiously as possible.

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4.Considering the submission made by the learned counsel for the petitioner and in view of the limited prayer sought for in this Writ Petition, without going into the merits of the case, this Court directs the 1^st respondent to consider the representations of the petitioner dated 4.12.2021, 11.12.2021, 21.12.2021 and 11.01.2022, on merits and in accordance with law. Such exercise shall be carried out by the 1^st respondent within a period of eight weeks from the date of receipt of a copy of this order.

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5.With the aforesaid direction, this writ petition is disposed of. No costs.

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03-03-2026

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rst

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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WP No. 8635 of 2022