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Madras High CourtWP/17577/2022dismissed

Pradipta Kumar Das v. The Registrar Of Societies (South Chennai)

2024-04-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Pradipta Kumar Das ... Petitioner -Vs1.The Registrar of Societies (South Chennai), Saidapet, Chennai-600 015.

2.KG Signature City Owners Residents Association, Rep.by its President, 200 feet Bypass Road, Adayalampattu, Maduravoyal, Chennai-600 095.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondents to consider the petitioner's representation dated 29.04.2022 and dispose the same within the time by appreciating the above said facts and circumstances. For Petitioner : No appearance For R1 : Mr.R.Neethiperumal Government Advocate For R2 : Mr.G.Veerapathiran

ORDER

This Writ Petition has been filed for a direction directing the first respondent to consider the representation submitted by the petitioner dated 29.04.2022.

2. It is seen that the petitioner is one of the member of the second respondent Association, which was formed for the welfare of the apartment owners. The petitioner is one of the owner of the flat. The petitioner alleged that the second respondent is collecting maintenance from the respective flat on per square feet rate basis. The second respondent Association has been duly registered under the Societies Act. Therefore, the request made by the petitioner cannot be considered by the first respondent, which is only a Registering Authority. The writ petition is devoid of merits and is liable to be dismissed.

3. Accordingly, this Writ Petition stands dismissed. However, if the grievance over the action of the second respondent still subsists, the petitioner is at liberty to approach the Civil Court for appropriate relief. No costs.

05.04.2024 Internet : Yes Index : Yes/No Lpp To The Registrar of Societies

(South Chennai), Saidapet, Chennai-600 015.

G.K.ILANTHIRAIYAN, J.

Lpp 05.04.2024