Varghese Soju v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.14938 of 2021 Varghese Soju .. Petitioner Vs.

1. The District Registrar, Registrar of Societies, Chengalpattu.

2. OMR Gardencity Condominium Owners Welfare Association, DLF Gardencity, Thazambur Main Road, Thazambur Village, Chengalpattu District.

Pin Code - 600 130.

.. Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to direct the 1st respondent to consider and dispose petitioner's representation dated 15.02.2021 and take appropriate action against the 2nd respondent as per the provisions of the Societies Registration Act, within a time frame to be fixed by this Court.

For Petitioner :

Ms.S.P.Arthi For Respondent No.1 :

Mr.G.Krishnaraja Government Advocate

ORDER

Mr.G.Krishnaraja, learned Government Advocate, takes notice for the first respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2.The case put forth by the petitioner is that he is the owner of a residential unit in the 14th floor of Tower 42 in Plot https://hcservices.ecourts.gov.in/hcservices/

A, DLF Garden City, Thazambur Village, Chengalpet District. Pointing out certain flagrant violations of the Tamil Nadu Apartment Ownership Act, 1994 by the second respondent Association, which was formed to manage the common amenities and facilities in respect of the residential units built on both parcels of lands, the petitioner made a representation dated 15.02.2021 to the first respondent requesting to take action against the said Association. Finding no response on the same, he has come up with this writ petition seeking appropriate direction to the first respondent in this regard. 3.Heard both sides and perused the materials available on record.

4.Considering the limited relief sought herein, this court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 15.02.2021 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the second respondent. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar msr To The District Registrar, Registrar of Societies, Chengalpattu.

+1cc to M/s.S.P.Arthi, Advocate, S.R.No.35035 W.P.No.14938 of 2021 KSM(CO) SU(26/08/2021) https://hcservices.ecourts.gov.in/hcservices/