IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI

1. R.Thiyagarajan

2.T.Jayashree Petitioners Vs

1. The District Collector Chennai Collectorate, 4^th Floor, M Singaravelar Maaigai, 62, Rajaji Salai, Chennai-600 001

2.Tamilnadu Real Estate Regulatory Authority(TNRERA)

No.1A, 1^st Floor, Gandhi Irwin Bridge Rd, Egmore, Chennai-600 008.

3.Ozone Project Pvt Ltd

63, Gopathi Narayanaswami Chetty Road, Lakshmi Colony, T Nagar, Chennai-600 017. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the 1^st respondent to consider petitioners representation dated 19.08.2025 and implement the order of the Hon'ble Tamilnadu Real Estate Regulatory Authority in E.P.No.76 of 2023 and EP No.77 of 2023 dated 14.05.2025 For petitioners : Mr.Kabeer Ahmed K.Z For respondents : Ms.P. Aishwarya Government Advocate for R1

ORDER

The petitioners have approached this Court seeking a direction to the 1^st respondent to implement the orders passed by the 2^nd respondent and to take appropriate steps for execution of the recovery warrant issued in favour of the petitioners.

2. It is the case of the petitioners that initially, they had booked flats with the 3^rd respondent and paid a total sum of Rs.42,30,860/- towards the purchase. Though substantial payments were made by petitioners, the construction was never completed by the 3^rd respondent within the scheduled time. Thereafter, petitioners cancelled their booking. It is the contention of the petitioners that out of the amount paid, a sum of Rs.18,59,614/- remains refundable by the 3^rd respondent. As the refund amount was not made, petitioners lodged complaint before the 2^nd respondent. After due enquiry, the 2^nd respondent passed orders in favour of the petitioners directing refund with interest and costs. Since the 3^rd respondent failed to comply the said directions, the petitioners filed E.P. No.76 of 2023 and E.P. No.77 of 2023 seeking execution of the 2^nd respondent order. Execution Petitions quantify the recoverable amount at Rs.31,77,643/-, which includes the principal, interest and the costs awarded.

3. Further, it is stated that on 19.08.2025, the petitioners submitted a detailed representation to the 1^st respondent requesting implementation of the 2^nd respondent -RERA orders by executing the recovery warrant in respect of the subject property. However, the 1^st respondent has neither executed the recovery warrant nor passed any order on the petitioners' representation dated

19.08.2025, till date. Hence this writ petition.

4. Learned counsel for the petitioners submitted that it would suffice, if a direction is issued to the 1^st respondent to implement the order of the 2^nd respondent issued on 14.05.2025 in E.P. Nos.76 of 2023 and 77 of 2023, within a time frame to be fixed by this Court.

5. Learned Government Advocate appearing for the 1^st respondent submitted that the petitioners’ representation dated 19.08.2025 will be considered in accordance with law and appropriate steps will be taken, subject to there being no legal impediment.

6. Considering the submissions made by the learned counsel on either side as well as the limited prayer sought in this writ petition, this Court directs the 1^st respondent to consider the petitioners’ representation dated 19.08.2025, and take a decision on the execution of the recovery warrant issued in E.P. Nos.76 of 2023 and E.P. No.77 of 2023, within a period of six weeks from the date of receipt of a copy of this order, subject to there being no legal impediment. It is made clear that this Court has not expressed any opinion on the merits of the case.

7. With the above directions, this writ petition is disposed of. No costs.

24.11.2025 Index:Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No vsi2 M. DHANDAPANI, J.

vsi2 To

1. The District Collector Chennai Collectorate, 4^th Floor, M Singaravelar Maaigai, 62, Rajaji Salai, Chennai-600 001

2.Tami