Madras High Court
Vandana Parvez vs The Government Of India, on 10 July, 2026
2026:MHC:2995
W.P.Crl.No.1276 of 2026 etc. & Batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.Crl.Nos.1276 & 1318 of 2026
and
W.P.M.P.Crl.Nos.568 & 569 of 2026
AND
W.P.Nos.19614, 19624, 19650 & 19653 of 2026
and
W.M.P.Nos.22648,29381,29385,29392,29394,29400 & 29401 of 2026
Vandana Parvez
No.9M, SIS Meridian,
Velachery Bypass Road,
Chennai - 600 042.
Petitioner(s) in all cases
Vs
1. The Government of India,
Rep. by the Secretary to the Government,
Ministry of Corporate Affairs, Central Secretariat,
No.234, South Block, New Delhi.
2.The Government of Tamil Nadu,
Rep. by the Chief Secretary, Secretariat,
Fort St. George, Chennai - 600 009.
3.Director of Central Bureau of Investigation
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Rep. by Shri Praveen Sood, CGO Complex,
Lodhi Road, New Delhi, India.
4.Director of the Enforcement Directorate (ED),
Rep. by Shri Rahul Navin,
Room No.201, A-Block, Pravartan Bhawan,
Dr.APJ Abdul Kalam Road, New Delhi - 110011.
5.The Special Director,
Rep. by Shri Prashant Kumar,
Enforcement Directorate, Shastri Bhawan,
3rd Floor, 3rd Block, B Wing, No.26,
Haddows Road, Chennai - 600006.
6.The Investigating Officer
Rep. by Shri Kamal Mohan,
Tamil Nadu Crime Branch,
No.132 Commissioner Office Building,
EVK Sampath Road, Vepery, Chennai - 600 007.
7.The Superintendent of Police (CB-CID)
Rep. by Thiru V.Vinoth Santharam,
No.220, Old Commissioner of Police Complex,
Pantheon Road, Komaleeswaranpet, Egmore,
Chennai - 600 008.
8.Additional Director General of Police,
Thiru T.S.Anbu, IPS, CB-CID, No.220,
Pantheon Road, Old Commissioner of Police
Complex, Egmore, Chennai – 600008,
Tamil Nadu, India.
9.IVRCL Ltd.,
Rep. by Liquidator, MIHIR,H
No.8-2-350/5/A/24/1-Band 2, Panchavati Colony,
Road No.2, Banjara Hills, Hyderabad - 500034.
10.State Bank of India
Rep. by its Chairman, Corporate Centre,
State Bank Bhavan, Madame Cama Road,
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Nariman Point, Mumbai - 400 021, India.
11.Central Bank of India,
Rep. by its Chairman and Managing Director,
Central Office at Chander Mukhi, Nariman Point,
Mumbai - 400 021.
12.Liquidator of M/s.IVRCL Ltd.,
MIHIR, H No.8-2-350/5/A/24/1-B and 2,
Panchavati Colony, Road No.2, Banjara Hills,
Hyderabad - 500034.
13.The Collector of Kancheepuram District,
First Floor, Collectorate Office, Vandavasi Salai,
Little Kanchipuram, Tamil Nadu - 631 501.
14.The Revenue Officer of Kancheepuram District,
Collectorate Office, Vandavasi Salai, Little
Kanchipuram, Tamil Nadu - 631 501.
15.The Sub-Registrar,
Sub-Registrars Office, Sunguvarchatram,
Sriperumbudur Taluk, Kanchipuram District.
Tamil Nadu.
16.M/s.WS Industries Limited,
108, Mount Poonamallee Road, Porur,
Chennai - 600116.
17.M/s.IVRCL Ltd.
Rep. by Liquidator, MIHIR,
H No.8-2-350/5/A/24/1-B and 2, Panchavati
Colony, Road No.2, Banjara Hills,
Hyderabad - 500034.
18.R.Balarami Reddy,
Joint Managing Director,
M/s.IVRCL Ltd. Plot No.116, Hill Ridge Villa,
Gachibowli, Hyderabad - 500032.
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19.M/s.IVR Hotels and Resorts Limited
SPV Developer, Aavisa Golf Township
Rep. by E.Sunil Reddy, (then) Director,
MIHIR, 8-2-3580/5/A/2/1B and 2, Road No.2,
Panchavati Colony, Banjara Hills, Hyderabad,
Telangana-500034.
20.E.Sunil Reddy,
Director, M/s IVR Hotels and Resorts Ltd.
Flat No.G2, Block -8, Hill Ridge Apartments,
Gachibowli, Hyderabad - 500 032.
21.Rebala Balarami Reddy,
Director, M/s IVR Hotels and Resorts Ltd. Plot
No.116, Road No.8, Hill Ridge Villas, Behind IIIT,
Gachibowli, Hyderabad - 500032.
22.Theodore Solomon E.C.,
Director M/s.IVR Hotels and Resorts Ltd., AK 52,
New No.134/6, S2, Second Floor, AK Block,
7th Main Road, Anna Nagar, Chennai - 600040.
23.Mummaka Murali Mohan,
Director, M/s.IVR Hotels and Resorts Ltd.
Flat No.5110/5304, Srila Towers, Hyder Nagar,
Kukatpally, Telangana - 500085.
24.Pammi Edward Silvistor,
Director M/s.IVR Hotels and Resorts Ltd.
Door No.2-30/3/ADL/8-804, Aditya DSR Lake
Side, Behind HP Filling Station, Indira Nagar,
Gachibowli, Hyderabad - 500032.
25.Kotak Mahibndra Group and its subsidiaries
Rep. by Subramanian Sriniwasan, Director,
M/s.IVR Hotels and Resorts Ltd. No.203, 204,
Shantanu Building, St.Martin Road,
Near Bhaiyya Gym, Bandra West,
Mumbai - 400050.
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26.Nagarajan Ganapathi
Director, M/s.IVR Hotels and Resorts Ltd No.15,
E002, Mytheryi Naimisha, Bannerghatta Main
Road, Lakkasandra, Bangalore South, Bengaluru,
Karnataka - 560030.
Respondent(s) in all cases
Prayer in WP.Crl.No.1276 of 2026 : Petition filed under Article 226 of
the Constitution of India praying for issuance of a Writ of Mandamus
directing the 3rd respondent (Central Bureau of Investigation) to (a)
submit a complete copy of the Chargesheet/Final Report in FIR.No.
RC0782020E0010 dated 28.12.2020 before this Hon’ble Court,
together with officials details of all steps taken, prosecutions initiated,
and illegal properties identified pursuant to the Forensic Audit
submitted by the State Bank of India within a time-bound period as
this Hon’ble Court may fix (b) forthwith officially hand over and share
the said chargesheet and all investigation materials in FIR No.
RC0782020E0010 with respondents 4, 5 and 6 (Enforcement
Directorate) to enable comprehensive PMLA attachment proceedings
under Section 5 of PMLA, 2002, in respect of Benami properties and
laundered assets estimated at Rs.13,000 - 13,500 crores (d) file a
comprehensive calendar complaint (CC) if not so done, already, before
the appropriate authority in respect of the crimes/frauds detailed in
the Forensic Audit of FIR No.RC0782020E0010.
Prayer in WP Crl. No. 1318 of 2026 : Petition filed under Article 226 of
the Constitution of India praying for issuance of a Writ of Mandamus
directing respondents 4,5 and 6 (Enforcement Directorate) to a)
forthwith attach, over and above the already attached properties worth
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Rs.20,11,67,026.97 under PAO dated 24.12.2025, the full proceeds of
crime accrued by the accused companies and their directors, estimated
at Rs.13000-13500 crores, under Section 5 of the PMLA 2002, in strict
compliance with the order of this Hon’ble Court in contempt petition
No.1228/2025 dated 04.08.2025 and file a comprehensive private
complaint before the appropriate PMLA authority at Chennai in respect
of all proceeds of crime and laundered assets documented in the
Forensic Audit and the dossier ‘Predators of Public Prosperity’.
PRAYER in WP No. 19614 of 2026 : Petition filed under Article 226 of
the Constitution of India praying for issuance of a Writ of Certiorarified
Mandamus (a) quashing the setting aside the e-auction sale notice
dated 21.02.2023 bearing reference SAM HYD-2022-23/457 issued by
11th respondent (Central Bank of India) and the consequent purported
sale/confirmation of sale of approximately 254 acres of the Aavisa
Project lands in favour of 16 th respondent (M/s.WS Industries Limited)
as being void ab initio, illegal, arbitrary (b) declaring that no valid title
has been or can be conferred upon M/s.WS Industries Limited
pursuant to the impugned auction and directing M/s.WS Industries to
forthwith refrain from taking any steps towards development,
possession, mutation, registration, or creation of any rights in respect
of the said 254 acres, pending disposal of this writ petition and all
connected matters (c) directing 11 th respondent (Central Bank of
India) to conduct a fresh fair and RERA-complaint valuation of the 254
acres in accordance with the TNREGINET guideline value as on
01.04.2023 (Rs.1,00,00,000 per acre aggregate Rs.254 crores) and to
issue a fresh auction notice with full and accurate disclosure of all
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encumbrances and the subsisting rights of all 181 homebuyers and
(d)directing 11th respondent to distribute Rs.107.35 crore auction
proceeds in accordance with the waterfall under Section 53 of the IBC,
2016, recognising 181 homebuyers as financial creditors with priority
rights.
Prayer in WP No. 19624 of 2026 : Petition filed under Article 226 of the
Constitution of India praying for issuance of a writ of Prohibition a)
Prohibiting 12th respondent (Liquidator of M/s. IVRCL Ltd.) from taking
any further steps towards the sale, auction, transfer, mutation,
registration, delivery of possession, or creation of any third-party
rights in respect of the (247+152) acres of Aavisa Project lands
mortgaged vide Deed No.4801/2014 dated 12.09.2014 and Deed
No.1878/2015 dated 29.04.2015 and securitized by 10 th respondent
(State Bank of India), b) Directing 12th respondent to comply with the
doctrine of lis pendens under Section 52 of the Transfer of Property
Act, 1882 in respect of all pending proceedings and to refrain from
dealing with the Aavisa project lands in any manner adverse to the
interests of the 181 homebuyers, c) directing 12 th respondent to place
before this Hon’ble Court a complete and audited inventory of all
assets of M/s.IVRCL Ltd., forming part of the liquidation estate,
including the Aavisa project lands, Benami properties, and offshore
entities listed in the 35th Annual Report FY 2021-22 and the Forensic
Audit in FIR No.RC0782020E0010, and d) directing Respondents 10
and 12 to ensure that the 181 homebuyers as financial creditors under
Section 5(8)(f) of the IBC, 2016, are recognized and protected in the
waterfall mechanism under Section 53 of the IBC, 2016 and that no
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distribution of liquidation or SARFAESI proceeds is made without
adequate provision for homebuyers claims.
Prayer in WP No. 19650 of 2026 : Petition filed under Article 226 of the
Constitution of India praying for issuance of a Writ of Mandamus
directing the respondents 13 and 14 (Collector and Revenue Officer,
Kancheepuram District, a) Not to convert, permit conversion, or record
any change in the west special Type-1 classification of the wetlands
within and surrounding the 700 acres at Santhavelore and
Pappankuzhi Villages, Sriperumbudur Taluk, Kancheepuram District (as
detailed in SEIAA letter No.SEIAA/TN/EC/8(a)/056/F-127/2009 dated
03.08.2009) in strict compliance with Rules 6(1)(a) and 6(1)(e) of
GO.Ms.No.79 dated 04.05.2017 and the wetlands (Conservation and
Management) Rules, 2017 (b)to conduct a mandatory personal site
inspection under Rule 6(2) of G.O.Ms.No.79/2017 and submit an
inspection report before this Hon’ble Court within a period to be fixed
by this Hon’ble Court (c) Take immediate legal action against M/s.IVR
Hotels & Resorts Ltd. and M/s.WS Industries Limited for erecting illegal
barricades, artificially filling and elevating land boundaries to obstruct
agricultural activity and disrupt hydrological connectivity, in violation of
IPC Sections 441 and 447 and Rule 4(ii) of the Wetlands Rules, 2017,
and d) Ensure that no Revenue entry, patta, mutation or change in the
agricultural classification of any portion of the Aavisa lands is made
without prior compliance with all applicable statutory requirements.
Prayer in WP No. 19653 of 2026 : Petition filed under Article 226 of the
Constitution of India praying for issuance of a Writ of Mandamus
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directing the 15th respondent (Sub Registrar of Sunguvarchattram) to,
a)Not to register, mutate, or record any transfer sale deed, gift deed,
sale certificate, or any other instrument in respect of any portion of
the Aavisa Golf Township project lands measuring approximately 700
acres at Santhavelore and Pappankuzhi Villages, Sriperumbudur Taluk,
Kancheepuram District (as detailed in SEIAA letter No.SEIAA/TN/EC/
8(a)/056/F-127/2009 dated 3.08.2009) in favour of 16 th respondent
(M/s.WS Industries Limited) or any other party, b)take cognizance of
and give effect to the lis pendens created by all pending proceedings.
For Petitioner(s) Dr.Vandana Parves
in all cases : Petitioner-in-person
For Respondent(s):Mr. A.Kumaraguru
Senior Panel Counsel for R1
Mr. R.Veeramani
Government Pleader for R2, R13 to R15
Mr. AR.L.Sundaresan
Additional Solicitor General of India
Assisted by Mr. N.Ramesh
Special Public Prosecutor for ED Cases
for R4 and R5
Mr. M.Dinesh Government Advocate
(Crl. Side) for R6 to R8
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COMMON ORDER
[Made by G.ARUL MURUGAN, J.]
The petitioner, appearing in person, has preferred a batch of six
writ petitions. Though the respondents are common to all these
petitions, different reliefs have been sought against different
authorities in each of the petitions. Since the issues raised in all these
petitions are interconnected, the petitions are heard analogously and
disposed of by this common order.
2. For better understanding, the reliefs sought in each of the writ
petitions are as follows:
2.1. W.P.(Crl.)No.1276 of 2026 filed under Article 226 of the
Constitution of India, seeking a Writ of Mandamus to direct the 3rd
Respondent (Central Bureau of Investigation) to:
(a) Submit a complete copy of the Chargesheet/Final Report in
FIR No. RC0782020E0010 dated 28.12.2020 before this Court,
alongside official disclosures of asset tracking, structural
prosecutions, and illegal properties identified via the Forensic
Audit initiated by the State Bank of India within a judicially
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prescribed timeline.
(b) Share and transmit the complete investigative records,
chargesheets, and evidentiary dossiers in FIR No.
RC0782020E0010 to Respondents 4, 5, and 6 (Directorate of
Enforcement) to facilitate provisional attachment proceedings
under Section 5 of the Prevention of Money Laundering Act
(PMLA), 2002, regarding alleged proceeds of crime estimated
between Rs.13,000 Crores to Rs.13,500 crores.
(c) File a comprehensive Calendar Complaint (CC) before the
jurisdictional Special Court regarding the financial infractions
detailed in the State Bank of India Forensic Audit.
2.2. W.P.(Crl.)No.1318 of 2026 filed under Article 226 of the
Constitution of India, seeking a Writ of Mandamus to direct
Respondents 4, 5, and 6 (Directorate of Enforcement) to:
(a) Attach under Section 5 of the PMLA, 2002, all remaining
proceeds of crime accumulated by the accused corporate
entities and their directors, estimated at Rs.13,000 crores to
Rs.13,500 crores, supplementing the existing assets of
Rs.20,11,67,026.97 attached under the Provisional Attachment
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Order (PAO) dated 24.12.2025, in adherence to this Court’s
directions in Contempt Petition No. 1228/2025 dated
04.08.2025.
(b) Initiate a comprehensive private complaint before the
designated PMLA Special Court at Chennai concerning all
laundered assets documented in the relevant Forensic Audit and
the dossier titled “Predators of Public Prosperity”.
2.3. W.P.No.19614 of 2026 filed under Article 226 of the
Constitution of India, seeking a Writ of Certiorarified Mandamus to:
(a) Call for the records, quash, and set aside the E-Auction Sale
Notice dated 21.02.2023 (Ref: SAM HYD-2022-23/457) issued
by the 11th Respondent (Central Bank of India), and invalidate
the subsequent sale and confirmation of approximately 254
acres of “Aavisa Project” lands to the 16th Respondent (M/s.
W.S. Industries Limited) as void ab initio, arbitrary, and illegal.
(b) Declare that no valid legal title passes to M/s. W.S.
Industries Limited under the impugned auction, and restrain
them from developing, possessing, mutating, or registering the
said 254 acres during the pendency of these proceedings.
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(c) Direct the 11th Respondent to conduct a fresh, fair valuation
compliant with the Real Estate (Regulation and Development)
Act (RERA), using the TNREGINET guideline value as of
01.04.2023 (benchmarked at Rs.1,00,00,000 per acre; totaling
Rs.254 crores), and reissue an auction notice disclosing all
encumbrances and the statutory rights of the 181 affected
homebuyers.
(d) Direct the 11th Respondent to distribute the Rs.107.35
crore auction proceeds according to the asset distribution
waterfall under Section 53 of the Insolvency and Bankruptcy
Code (IBC), 2016, prioritizing the 181 homebuyers as financial
creditors.
2.4. W.P.No.19624 of 2026 filed under Article 226 of the
Constitution of India, seeking a Writ of Prohibition to:
(a) Prohibit the 12th Respondent (Liquidator of M/s. IVRCL
Limited) from executing any sale, auction, transfer, mutation, or
creation of third-party rights over the (247 + 152) acres of
Aavisa Project lands mortgaged via Registered Deed No.
4801/2014 dated 12.09.2014 and Deed No. 1878/2015 dated
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29.04.2015, which were securitized by the 10th Respondent
(State Bank of India).
(b) Direct the 12th Respondent to comply with the doctrine of
lis pendens under Section 52 of the Transfer of Property Act,
1882, and protect the interests of the 181 homebuyers across
all pending liquidation dealings.
(c) Direct the 12th Respondent to submit a complete, audited
asset inventory of M/s. IVRCL Limited within the liquidation
estate, covering the Aavisa Project lands, alleged benami
properties, and offshore entities disclosed in the 35th Annual
Report (FY 2021-22) and the CBI Forensic Audit.
(d) Direct Respondents 10 and 12 to recognize and protect the
181 homebuyers as financial creditors under Section 5(8)(f) of
the IBC, 2016, ensuring no liquidation or SARFAESI proceeds
are distributed under Section 53 without resolving their claims.
2.5. W.P.No.19650 of 2026 filed under Article 226 of the
Constitution of India, seeking a Writ of Mandamus to direct
Respondents 13 and 14 (The District Collector and District Revenue
Officer, Kancheepuram) to:
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(a) Maintain the protected environmental classification of the
wetlands situated within and around the 700-acre project area
in Santhavelore and Pappankuzhi Villages (Sriperumbudur
Taluk), as identified in the SEIAA Letter (Ref:
SEIAA/TN/EC/8(a)/056/F-127/2009) dated 03.08.2009, in strict
compliance with Rules 6(1)(a) and 6(1)(e) of G.O. Ms. No. 79
dated 04.05.2017 and the Wetlands (Conservation and
Management) Rules, 2017.
(b) Conduct a formal site inspection under Rule 6(2) of G.O. Ms.
No. 79/2017 and file an independent evaluation report before
this Court.
(c) Initiate enforcement actions against M/s. IVR Hotels &
Resorts Limited and M/s. W.S. Industries Limited for allegedly
constructing illegal barriers and altering topography to block
agricultural activity and natural waterways, violating Sections
441 and 447 of the Indian Penal Code (IPC) and Rule 4(ii) of
the Wetlands Rules, 2017.
(d) Ensure no revenue entry, patta mutation, or conversion of
agricultural classification is processed for the Aavisa lands
without full statutory compliance.
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2.6. W.P.No.19653 of 2026 filed under Article 226 of the
Constitution of India, seeking a Writ of Mandamus to direct the 15th
Respondent (Sub-Registrar, Sunguvarchattram) to:
(a) Refuse registration or mutation for any transfer deed, gift
deed, sale certificate, or conveyance conveyance instrument
regarding the 700-acre Aavisa Golf Township project lands
across Santhavelore and Pappankuzhi Villages in favor of the
16th Respondent (M/s.W.S. Industries Limited) or any third
party.
(b) Record and enforce the regulatory and judicial lis pendens
emerging from these ongoing litigations on the property’s
encumbrance registers.
3. It is the case of the petitioner that she is a lawful
allottee/homebuyer in the “Aavisa Golf Township”, a large-scale real
estate project developed by the Special Purpose Vehicle (SPV)
company named M/s.IVR Hotels and Resorts Private Limited. It is
further stated that the residential project spans approximately 700
acres at Sandhavellore and Pappankuzhi Villages of Sriperumbudur
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Taluk, Kanchipuram District. The petitioner had purchased Villa No.20B
and including the petitioner, there are 181 homebuyers. The promoters
allegedly defrauded around Rs.400 to Rs.500 Crores by not providing
amenities like a golf course, golf club, hotel, school, hospital, and retail
commercial space as promised in the Aavisa presentation.
4. In response to the homebuyers’ grievances, the Tamil Nadu
Real Estate Appellate Tribunal (TNREAT) has already by order dated
27.09.2023 in the appeal, directed the SPV developers to register the
Aavisa project under the Real Estate (Regulation and Development)
Act, 2016 [hereinafter referred to as ‘RERA’]. The Execution Petition in
EP.No.42 of 2023 for registration of the 700 acre project is also
pending.
5. The petitioner, in the affidavit, has listed out the following
irregularities/grievances in respect of the relief sought in the writ
petitions, which are as follows:
(i) The nationalized bank has been defrauded by the promoters
by availing huge loans through manipulation and fraud, for which an
First Information Report (FIR) has been registered at the instance of
the bank, followed by registration of an Enforcement Case Information_________
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Report (ECIR) by the Enforcement Directorate.
(ii) Transactions in the 700 acres of the project are being made
through fraudulent alienation, including auctions conducted by the
bank/secured creditor under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002,
[hereinafter referred to as ‘SARFAESI Act’], from the wetlands.
(iii) The wetlands are being illegally converted for development
against the provisions of the Wetlands (Conservation and
Management) Rules, 2017, thereby disturbing the waterbodies.
(iv) Delay by the Central Bureau of Investigation (CBI) in
completing the investigation and filing the charge sheet pursuant to
the FIR registered.
(v) Indiscriminate provisional attachments made by the
Enforcement Directorate and the failure to conclude the investigation
and file a complaint.
(vi) Inaction on the part of the Revenue authorities and the
Block Development Authorities from preventing mutation of the
revenue records, and the Registering Authority not declining to register
documents considering the entry in the Encumbrance List, in view of
Section 52 of the Transfer of Property Act, 1882.
6. Mrs.Vandana Parvez, appearing in person, submitted that
even though different reliefs are sought, for which appropriate
Statutory Forums are available, still, since the petitioner’s right to
property is violated, the writ petitions filed for different reliefs are
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maintainable. She asserted that even though cases have been
registered against the promoters and proceedings are pending before
RERA, and other fora, since the further sale transactions in the
property cannot be allowed, appropriate directions are to be issued
against the authorities to safeguard the rights of the petitioner.
7. Heard the petitioner in person and the learned counsels
appearing on behalf of the respondents and considered the materials
available on record.
8. At the outset, it is to be noted that the above writ petitions
are preferred by the petitioner, neither as public interest litigation nor
representing the other homebuyers in the project. The petitioner is
seeking remedy to protect her individual interest as a purchaser of the
villa. The petitioner has purchased Plot No.262, measuring 1,980
Sq.ft., for which the sale deed has been executed in favour of the
petitioner for a total sale consideration of Rs.15,84,000/-. The
petitioner had entered into a construction agreement on 09.12.2011
for construction of the villa House No.20 in Plot No.262, measuring
2,150 Sq. ft., at the cost of Rs.45,15,000/-. The petitioner has
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grievances that there were defects in the construction and the
petitioner observed cracks. Further, provision for common facilities and
infrastructure were not initiated at all.
9. The petitioner filed complaint before the Adjudicating
Authority, RERA, seeking compensation of Rs.5,27,35,600/- with other
reliefs. While the petitioner contended that she had only taken
possession of the villa for the purpose of carrying out internal works,
the same was disputed by the promoter, who claimed that the
petitioner took possession of the villa and has been residing there
since 2021 itself. The RERA dismissed the complaint on maintenance,
but the Appellate Tribunal, TNREAT, by two separate orders dated
27.09.2021 in Appeal No.41 of 2020 and Appeal No.3 of 2021, directed
the Adjudicating Authority to entertain the complaints on the file and
adjudicate the same on merits.
10. In another appeal, the TNREAT, by order dated 27.09.2023,
directed the Promoter and Regulatory Authority to register the real
estate project. The appeal preferred by the promoter in C.M.S.A.No.58
of 2023 was disposed on 09.04.2026. In fact, the petitioner herein had
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preferred C.M.P.Nos.23376, 23378 and 23380 of 2025 seeking reliefs
similar to the prayers as made in some of these writ petitions. This
Court, by order dated 19.11.2025, dismissed the petition, by
observing that alleging that the construction of the villa was defective,
the petitioner had already claimed compensation of Rs.11,53,02,565/-
and orders have also been passed by both TN RERA and the Appellate
Tribunal. This Court held that the petitions filed by the petitioner are
clearly not maintainable either in law or on facts, as RERA had
recorded a finding that the petitioner is not entitled to monetary
compensation, but is entitled to utilize other facilities.
11. Further, based on the complaint lodged by the petitioner, the
Central Crime Branch, Chennai has already registered a case in Crime
No.25 of 2020 against the promoter and its directors. A charge sheet
has been filed and the same has been taken on file in C.C.No.2362 of
2024, on the file of the Metropolitan Magistrate for Exclusive Trial of
CCB and CBCID Metro Cases, Chennai, for the offences punishable
under Sections 406, 409, 420, 465 and 120-B Indian Penal Code
(IPC), 1860 read with Section 120-B IPC. There are various orders
filed in the typed set of papers to show that the petitioner is
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participating in all the proceedings in the criminal case and she was
heard in all the petitions filed. Now the entire trial in C.C.No.2362 of
2024 has been stayed by the orders passed in Crl.O.P.No.30828 of
2025, but however, the Trial Court was given liberty to proceed with
the enquiry in respect of the petitions filed by the petitioner seeking
further investigation.
12. In respect of the complaint preferred by the Bank with the
CBI, even as per the averments made in the affidavit, the CBI has
registered a case against the promoter and its directors at Hyderabad,
which is pending investigation. The Enforcement Directorate has also
registered ECIRs in Hyderabad based on the predicate offence, and
several properties have also been attached.
13. The petitioner had in fact earlier preferred a batch of writ
petitions in W.P.No.778 of 2024 and W.P.Nos.27875, 27881, 27887,
27891, 27895 and 27896 of 2023, almost seeking substantially similar
reliefs. The learned Single Judge of this Court, by order dated
22.04.2024, had directed the Enforcement Directorate to expedite the
investigation in an effective manner and prosecute the offenders in
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accordance with law and held that in view of the fact that
investigations are in progress, no further consideration of the reliefs
sought in the other petitions arises at this stage. However, the
petitioner was granted liberty to approach the appropriate forum for
the relief, if she is aggrieved by any other issue. The relevant portion
is extracted hereunder:
“7. In view of the above, in the present writ petition and
considering that the investigations are in progress, the relief
sought for in the other writ petitions deserves no further
consideration. If at all the petitioner is aggrieved in respect of any
other grievances, she is at liberty to approach the Competent
Forum.”
14. While declining the reliefs sought as they deserve no further
consideration, the petitioner was given liberty to approach the
competent fora for any other grievances, if aggrieved. However, the
petitioner has not chosen to file any appeal or approach the competent
fora as directed. Instead, she has now come up with another set of six
writ petitions.
15. The fact remains that the petitioner is a purchaser of the
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villa and a consumer in the project. If the petitioner is aggrieved by
any deficiency of service, the petitioner could opt to approach the
jurisdictional Consumer Forum or the Regulatory Authority under the
RERA Act. If the petitioner is aggrieved that certain civil rights are
affected, then it is for the petitioner to approach the competent Civil
Court to redress her grievances.
16. Admittedly, the petitioner has approached the RERA, where
certain orders have been passed. It is for the petitioner to pursue
further and redress her grievances therein. Any proceedings initiated
under the SARFAESI Act and the sale conducted by the secured
creditors can be challenged by any aggrieved person before the Debts
Recovery Tribunal (DRT) under Section 17 of the SARFAESI Act.
Admittedly, even as per the averments in the affidavit, the sale notice
was issued in 2023 and the sale was conducted. A challenge to the
sale at this stage, that too, before this Court, does not arise and is not
maintainable.
17. The Prevention of Money Laundering Act (PMLA), 2002 is a
special enactment promulgated specifically for the recovery of
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proceeds of crime. As per the scheme of the Act, the authorized officer
is competent to proceed with attachment of properties in compliance
of the provisions of the Act. Once a provisional attachment order is
passed, the same has to be confirmed by the Adjudicating Authority,
subject to an appeal before the PMLA Tribunal and thereafter to the
High Court. The Authorised Officer based on subjective satisfaction
proceeds with search seizure, attachment and freezing based on the
written reasons to believe recorded. The relief claimed to attach over
and above the properties already attached is not maintainable.
18. The petitioner, being a purchaser of a villa in the project, has
filed these six petitions alleging deficiency in service and seeking
several reliefs. It is also contended that the interests of other
homebuyers are also affected and since certain lands are classified as
“wet lands”, mutations in the revenue records have to be prohibited.
The proceedings undertaken by the Liquidator, who has been
appointed under the Insolvency and Bankruptcy Code (IBC), 2016 by
the National Company Law Tribunal (NCLT), are matters to be
addressed before the said Tribunal.
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19. The petitioner seeks to club distinct issues and have them
adjudicated before this Court under writ jurisdiction. However, in
respect of the grievance raised, the remedy lies strictly before the
respective competent statutory forum. Hence, the present petitions
are clearly misplaced and are not sustainable. The remedy available to
the petitioner, as a homebuyer, to address her grievances lies only
before the concerned competent forum, as has already been observed
in the earlier writ petitions, which have since attained finality.
20. In view of the above deliberations, the present petitions are
clearly not maintainable and, accordingly, the same stand dismissed.
There shall be no order as to costs. Consequently, the miscellaneous
petitions are closed.
(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)
10.07.2026
Index : Yes
Neutral Citation : Yes
Jeni
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To
1. The Secretary to Government
Ministry of Corporate Affairs, Central Secretariat,
No.234, South Block, New Delhi.
2.The Chief Secretary to Government
Secretariat, Fort St. George, Chennai – 600 009.
3.The Director of Central Bureau of Investigation
Lodhi Road, New Delhi, India.
4.The Director of the Enforcement Directorate
(ED), Room No.201, A-Block, Pravartan Bhawan,
Dr.APJ Abdul Kalam Road, New Delhi – 110011.
5.The Special Director,
Enforcement Directorate, Shastri Bhawan,
3rd Floor, 3rd Block, B Wing, No.26,
Haddows Road, Chennai – 600006.
6.The Investigating Officer
Tamil Nadu Crime Branch,
No.132 Commissioner Office Building,
EVK Sampath Road, Vepery, Chennai – 600 007.
7.The Superintendent of Police (CB-CID)
No.220, Old Commissioner of Police Complex,
Pantheon Road, Komaleeswaranpet, Egmore,
Chennai – 600 008.
8.The Additional Director General of Police,
Pantheon Road, Old Commissioner of Police
Complex, Egmore, Chennai – 600008,
Tamil Nadu, India.
9.The Chairman, State Bank of India
Corporate Centre,
State Bank Bhavan, Madame Cama Road,
Nariman Point, Mumbai – 400 021, India.
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10.The Chairman and Managing Director,
Central Bank of India,
Central Office at Chander Mukhi, Nariman Point,
Mumbai – 400 021.
11.The Collector of Kancheepuram District,
First Floor, Collectorate Office, Vandavasi Salai,
Little Kanchipuram, Tamil Nadu – 631 501.
12.The Revenue Officer of Kancheepuram District,
Collectorate Office, Vandavasi Salai, Little
Kanchipuram, Tamil Nadu – 631 501.
13.The Sub-Registrar, Sub-Registrars Office,
Sunguvarchatram, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu.
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THE HON’BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
Jeni
W.P.Crl.Nos.1276 & 1318 of 2026
AND
W.P.Nos.19614, 19624, 19650
& 19653 of 2026
10.07.2026
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