Alliance Villa Owners v. Distirct Registrar Office
and W.M.P.No.5535 of 2025 D.BHARATHA CHAKRAVARTHY, J.
Today, this matter is listed under the caption 'For being mentioned'.
2. In paragraph No.2 of the order, dated 14.02.2025, in the second line, the word 'Apartment' shall be replaced with the word 'Villa'.
3. Registry is directed to issue fresh order copy.
07.03.2025 grs Page No.1/5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 5535 of 2025 ALLIANCE VILLA OWNERS WELFARE ASSOCIATION, (REGN.NO.SRG/CHENGALPATTU/117/2024), REPRESENTED BY ITS SECRETARY, MR. RAJESH S, HAVING OFFICE AT, No. 299, ALLIANCE VILLA, OLD MAHABALIPURAM, KELAMBAKKAM, THAIYUR-603 103.
... Petitioner Vs 1.
DISTIRCT REGISTRAR OFFICE OFFICE OF THE CHENGALPET DISTRICT, J C K NAGAR, CHENGALPATTU PARANUR, CHENGALPATTU, TAMILNADU -603 002.
2.
HUMMING GARDEN OWNERS WELFARE ASSOCIATION, (REGN.NO. SRG/CHENGALPATTU/331/2019) REP. BY ITS ACTING PRESIDENT, MR. KRISHNAMURTHY, CLUB HOUSE, ALLIANCE HUMMING GARDENS, OMR, KELAMBAKKAM, THAIYUR, CHENGALPATTU -603 103.
3.
ALLIANCE VILLA PVT. LTD., PLOT NO. 'A', NO. 36/1, GANDHI MANDAPAM ROAD, KOTTURPURAM, CHENNAI -600 085.
... Respondents Page No.2/5
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the first respondent to consider the representation dated 27.11.2024 of the petitioner Association and cancel the registration granted to the second respondent namely Humming Garden Owners Welfare Association in Regn No.SRG/Chengalpattu/331/2019 dated 29.10.2019 in accordance with law, within a time limit to be fixed by this Court. For Petitioner : Mr.R.Sankarasubbu For R1 : Mr.M.Shajahan Special Government Pleader
ORDER
This writ petition is disposed of at the admission stage without notice to the second and third respondents, in view of the nature of relief that is granted in the writ petition.
2. The grievance of the petitioner association is that, with respect to the block of villas, it is only the petitioner association which is the Apartment Owner's Association, having majority of the owners. The second respondent is the association only in respect of the Phase I. However, the second respondent association is also interfering in respect of the petitioner association Villas. Page No.3/5
Therefore, the petitioner has made a representation requesting that the first respondent conduct an enquiry under Section 25 of the Tamilnadu Apartment Ownership Act, 2022.
3. In view of the limited prayer that is made and keeping the contentions of all parties open to be taken before the first respondent, the first respondent is directed to issue notice to both the petitioner and the private respondents on the representation dated 27.11.2024 and to conduct an enquiry in accordance with law. The first respondent is directed to decide the matter within a period of twelve weeks from the date of receipt of website uploaded copy of this order without waiting for the certified copy of the order.
4. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 14.02.2025 nsl Page No.4/5
D.BHARATHA CHAKRAVARTHY, J.
nsl To DISTIRCT REGISTRAR OFFICE OFFICE OF THE CHENGALPET DISTRICT, J C K NAGAR, CHENGALPATTU PARANUR, CHENGALPATTU, TAMILNADU -603 002.
14.02.2025 Page No.5/5