Hazel Flat Owners Welfare Association v. Registrar Of Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY HAZEL FLAT OWNERS WELFARE ASSOCIATION, REP. BY ITS SECRETARY SELVA MURUGAN, POONAMALLE, AVADI HIGH ROAD, PARUTHIPATTU, CHENNAI - 600 071.
... Petitioner Vs REGISTRAR OF SOCIETIES, TIRUVALLUR DISTIRCT REGISTRAR OFFICE (DRO), M.V. STREET, VEERARAGHAVA NAGAR, TIRUVALLUR, TAMIL NADU -602 001.
... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to dispose of the petitioner's representation dated 02.05.2024 and 18.06.2024 and direct the respondent to register the Amended By-laws of the petitioner's association and also grant approval of the documents referred to in representation dated 02.05.2024.
For Petitioner : Mr.M.Devendran For Respondent : Mr.R.Sasikumar Government Advocate 1/4
ORDER
This writ petition is filed to dispose of the petitioner's representation dated 02.05.2024 and 18.06.2024 and direct the respondent to register the amendment of the bylaws of the petitioner's association and also grant approval of the documents referred to in the representation dated 02.05.2024 and 18.06.2024.
2. Upon hearing the learned counsel appearing on either side, perusing the affidavit filed in support of the writ petition and the material records of the case, it can be seen that the grievance of the petitioner is that, as per due procedure, they have filed certain documents to be taken on file by their registrar of societies, which includes the amendment of bylaws, etc. No orders have been passed till date in respect of the same and hence the above representations is made and the writ petition is filed.
3. Per contra, Mr.R.Sasikumar, the learned Government Advocate appearing on behalf of the respondent would submit that some objections have been received from among the other members of the society. Even then, it is for the first respondent to conduct an inquiry as per the direction given by the Hon'ble Full Bench judgment of this Court in the C.M.S.Evangelical Suvi 2/4
David Memorial Higher Secondary School Committee vs. The District Registrar, Cheranmahadevi1 with reference to the forms that are filed without going into the interstate disputes that are pending between the members.
4. In view thereof, this writ petition is disposed of on the following terms:- (i) The first respondent is directed to take up the representation of the petitioner dated 02.05.2024 and 18.06.2024 for inquiry. (ii) The first respondent can issue notice to the petitioner as well as the other parties who have sent objections. After hearing both sides, a final order shall be passed in accordance with law.
(iii) The said exercise shall be completed within a period of eight weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. No costs.
04.04.2025 nsl (2005) 2 CTC 161 3/4
D.BHARATHA CHAKRAVARTHY, J.
nsl To REGISTRAR OF SOCIETIES, TIRUVALLUR DISTIRCT REGISTRAR OFFICE (DRO), M.V. STREET, VEERARAGHAVA NAGAR, TIRUVALLUR, TAMIL NADU -602 001.
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