Kendriya Vihar -Ii Apartment Owners Welfare Association v. Lt.Col.R. Sengottuvel (Retd)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA.J C.R.P (PD) No. 1486 of 2025 and C.M.P.No. 8694 of 2025 Kendriya Vihar II Apartment Owners' Welfare Association (KV II AOWA) Represented by its Secretary, Mr.S.Manoharan, S/o.Mr. Saminathan, Having its registered Office at, D1/1, Kendriya Vihar Phase - II Avadi - Poonamallee High Road, Paruthipattu, Avadi, Chennai ... Petitioner vs.

1.Lt.Col.R.Sengottuvel (Retd.,) 2.V.Balamurugan 3.Rajendran Subramanian 1/7

4.R.Saikumar 5.Venugopal Kora 6.D.Umesh 7.M.Arumugam ... Respondents Prayer:

Civil Revision Petition filed under Article 227 of the Constitution of India against the order passed in IA.No.6 of 2025 in OS.No.370 of 2024 by the Additional District Munsif Judge, Poonamallee dated 21.03.2025.

For Petitioner :

Mr. G.Ilamurugu For Respondents :

Mr. A.V.Arun 1 & 5 For Mr. R.Sidharth For Respondents :

Mr. A.V.Arun 3 & 7 For Mr. R.Vinoth Kumar 2/7

ORDER

The petition is filed against the order passed in IA.No.6 of 2025 in OS.No.370 of 2024 by the Additional District Munsif Judge, Poonamallee dated 21.03.2025.

2. When the matter had come up for admission since the caveator was also present this Court directed the petitioner to find out as to when the election for the Association could be held since dispute is only with reference to there being no elected body as on date and it is only an erstwhile committee which is continuing.

3. Today a communication dated 08.04.2025 issued by the Association to the members had been produced, wherein it is stated that election would be held in the 2nd week of May 2025. The learned counsel for the respondents would submit that the election may be 3/7

supervised by an Officer to be nominated by this Court. Both the parties consented for the appointment of an Election Officer. Accordingly, this Court appoints Ms.Manne Ramya, Advocate, Mob No.8919750889, Flat GE, Dev Eswari Apartment, 18, 8th Cross Street, Shastri Nagar, Adyar - 600 020 as an Election Officer.

4. The Election Officer shall oversee the entire election process, commencing from finalisation of voters list till the declaration of election results. The election shall be held on 24.05.2025. Notice shall be issued 21 days prior to the election informing the members about the election. The Association shall pay an initial remuneration of Rs.40,000/- to the Election Officer.

5. The Secretary shall continue to operate the Bank accounts only to meet the day to day expenses and no major expenses shall be undertaken till 24.05.2025.

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6. The Civil Revision Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 09.04.2025 Index: Yes/No Internet: yes/No kan 5/7

To 1.The Additional District Munsif Judge, Poonamallee.

2.Ms.Manne Ramya, Advocate, Mob No.8919750889, Flat GE, Dev Eswari Apartment, 18, 8th Cross Street, Shastri Nagar, Adyar - 600 020.

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P.T. ASHA.J kan 09.04.2025 7/7