SSM NAGAR FLAT OWNERS ASSOCIATION vs THE DISTRICT COLLECTOR

WP No. 41929 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 41929 of 2026
CNR:{HCMA012388532026}
SSM Nagar Flat Owners Association
(Regn. No.168/207)
Rep. by its Secretary, Mr.Santhosh Kumar S
Flat No.406 C1, Block, SSM Nagar, Alapakkam,
New Perungalathur, Chennai 600063.
..petitioner(s)
Vs
1. The District Collector
Chengalpattu District, Collectorate
GST Road, Chengalpattu 603001.
2. Tamil Nadu Real Estate Regulatory Authority
Rep. by its Chairperson
“RERA Tower”, No.133 G-Block, 1st Avenue
Anna Nagar (East), Chennai 600102.
3. M/s.SSM Builders and Promoters
SSM Nagar, Moppedu (Puthur) Road
Chengalpattu District 600063.
Represented herein by its partners.
..respondent(s)
Prayer: This writ petition is filed under Article 226 of the Constitution
of India, seeking writ of mandamus directing the 1st respondent to forthwith
execute the Recovery order / Warrant bearing Letter No. TNRERA / A4 / 1911 /
2024 dated 23.05.2024 issued by the 2nd respondent under Section 40(1) of the
Real Estate (Regulation and Development) Act, 2016 read with Rule 26 of the
Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 in
E.P.No.002/2023 in C.No.101/2021 and E.P.No.004/2023 in C.No.66/2021 and
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WP No. 41929 of 2026
to recover the sums directed therein from the Builder M/s.SSM Builders &
Promoters and its Partners as arrears of land revenue under the Tamil Nadu
Revenue Recovery Act, 1864 within a time frame to be fixed by this Court and
to remit the amount so recovered to the 2nd respondent in terms of the said
order.
For petitioner(s): M/s. Mahima Makhija
For respondent(s): Mr. J.V.Sakthi Baalakrishnan
Government Advocate
R1
Order
This writ petition is filed for the following relief:
“To direct the 1st respondent to forthwith execute the
Recovery order / Warrant bearing Letter No. TNRERA / A4 / 1911 /
2024 dated 23.05.2024 issued by the 2nd respondent under Section
40(1) of the Real Estate (Regulation and Development) Act, 2016
read with Rule 26 of the Tamil Nadu Real Estate (Regulation and
Development) Rules, 2017 in E.P.No.002/2023 in C.No.101/2021
and E.P.No.004/2023 in C.No.66/2021 and to recover the sums
directed therein from the Builder M/s.SSM Builders & Promoters
and its Partners as arrears of land revenue under the Tamil Nadu
Revenue Recovery Act, 1864 within a time frame to be fixed by this
Court and to remit the amount so recovered to the 2nd respondent
in terms of the said order.”
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WP No. 41929 of 2026
2. The petitioner is a duly registered Flat Owners’ Association of a
residential-cum-commercial project comprising about 2,952 flats and 135
rd
commercial units developed by the 3 respondent / builder at Nedunkundram
Village, Perungalathur, Chennai. The petitioner submits that the builder failed
to complete the project as per the sanctioned plan. Therefore, aggrieved,
nd
several allottees, including the petitioner, filed complaints before the 2
respondent.
nd
3. By order dated 06.10.2021, the 2 respondent held that the project was
not completed and directed the builder to register the project, complete the
pending works and hand over maintenance of common areas to the petitioner
u/s 17 of the RERA Act, and furnish the Completion Certificate. The builder’s
appeal against the said order was dismissed on 02.02.2022. As the builder
failed to comply, the petitioner initiated execution petitions and by a common
nd
order dated 13.09.2023, the 2 respondent imposed penalties on the builder and
st
directed recovery of the same from the builder by the 1 respondent.
nd
4. Pursuant to the above, the 2 respondent issued a recovery order dated
23.05.2024 u/s 40(1) of the RERA Act r/w Rule 26 of the TNRERA Rules,
st
forwarding the recovery warrant to the 1 respondent for execution. Though
more than two years have passed, and despite the petitioner's formal letters and
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WP No. 41929 of 2026
st
in-person visits, the 1 respondent has completely ignored and failed to carry
out the recovery order. Therefore, the petitioner is before this Court.
5. Heard the learned counsels on the either side and perused the records.
nd
6. A perusal of the records would indicate that the 2 respondent has
forwarded the recovery warrant for execution under cover of their
communication in letter No.TNRERA/ A4/1911/2024 dated 23.05.2024. In the
nd
said recovery order, the 2 respondent has stated as follows:
“Therefore, under Section 63 of the Act, this Authority impose a
penalty of Rs. 1000/- per day which may cumulative extend upto Rs.
1,00,000/- till the Respondent promoter furnish the copy of
completion certificate issued by CMDA to the Execution Petitioner,
on the Respondent vide Orders dated 13.09.2023 in
E.P.No.002/2023 in C.No.101/2021 and E.P.No.004/2023 in
C.No.66/2021 and directed that the amount has to be recovered from
the respondent by the District Collector, Chengalpattu as land
revenue under the Tamil Nadu Revenue Recover Act, 1864 and on
recovery of the amount from the respondent, the District Collector,
Chennai has to remit the same to this Authority by Demand Draft in
favour of TNRERA, payable at Chennai.”
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WP No. 41929 of 2026
st
7. Despite receipt of the said order, as early as in the year 2024, the 1
respondent has not taken any steps to initiate revenue recovery proceedings
which has constrained the petitioner to approach this Court.
nd
8. In the light of the above order of the 2 respondent, a mandamus is
st
issued to the 1 respondent to forthwith execute the recovery orders / warrant
nd
issued by the 2 respondent and recover the sums directed in the aforesaid order
rd
from the 3 respondent as arrears of land revenue under the Tamil Nadu
Revenue Recovery Act, 1864, within a period of 3 weeks from the date of
receipt of a copy of this order.
9. With the above observation and direction, this writ petition is allowed.
No costs.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KAN
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WP No. 41929 of 2026
To
1. The District Collector
Chengalpattu District, Collectorate
GST Road, Chengalpattu 603001.
2. Tamil Nadu Real Estate Regulatory Authority
Rep. by its Chairperson
“RERA Tower”, No.133 G-Block, 1st Avenue
Anna Nagar (East), Chennai 600102.
3. M/s.SSM Builders and Promoters
SSM Nagar, Moppedu (Puthur) Road
Chengalpattu District 600063.
Represented herein by its partners.
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WP No. 41929 of 2026
P.T.ASHA J.
KAN
WP No. 41929 of 2026
26-10-2026
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