P.Ganesh Kumar v. The District Registrar

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 27805 of 2025

1. P.Ganesh Kumar 2.Narendran Rangaraju Petitioner(s) Vs The District Registrar Registrar Of Societies, District Registration Office - Joint I No.10, Kancheepruam Main Road, Chengalpattu 603 002 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 03.06.2025 in Na.Ka.No.2937/ E1 / 2024 issued by the respondent and quash the same.

For Petitioner(s):

Mr.A.G.F.Terry Chella Raja For Respondent:

Mr.Stalin Abhimanyu Additional Government Pleader

2/6

ORDER

This writ petition has been filed challenging the impugned proceedings of the respondent dated 03.06.2025 as illegal and unsustainable. 2.Heard Mr.A.G.F.Terry Chella Raja, learned counsel appearing on behalf of the petitioners and Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing on behalf of the respondent. 3.The case of the petitioners is that flat owners formed an Association which was registered under the Tamil Nadu Societies Registration Act in Registration No.606 of 2016. The 2nd petitioner filed a suit against the Association and few others, challenging the Extraordinary General Meeting (EGM) that was held on 21.07.2024, on the ground that it was unlawful and resolutions were passed in the EGM which are illegal. An attempt was made by the office bearers to get an approval from respondent with respect to those resolutions that were passed in the EGM meeting that was conducted on 21.07.2024. Accordingly, they submitted the relevant forms viz., Forms VI and VII before the respondent.

3/6 4.The 2nd petitioner made a representation/complaint before the respondent and made a request not to alter any of the documents of the Association and not to act upon the Forms that were submitted. The grievance of the petitioner is that the respondent through the impugned proceedings dated 03.06.2025, altered the records of the Association and had accepted the forms submitted and aggrieved by the same, the present writ petition has been filed before this Court.

5.In the considered view of this Court, there is a dispute among the members of the Association and already a Civil Suit is pending before the competent Court in O.S.No.157 of 2024. Therefore, it is left open to the petitioners to workout their remedy in the pending suit and in a case of this nature, this Court will not waste its jurisdiction by exercising Article 226 of the Constitution of India. If the problems of all Flat Associations is made a subject matter of writ jurisdiction, this Court will be flooded with cases of this nature and therefore, this Court is not inclined to exercise its discretion in this case.

4/6 6.In the light of the above discussion, it is left open to the petitioners to workout their remedy in the pending suit and the impugned proceedings of the respondent dated 03.06.2025 or the order passed in this writ petition, will not come in the way of the petitioners to agitate their dispute before the Civil Court and Civil Court will deal with the case, on its own merits and in accordance with law.

7.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 09-07-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The District Registrar Registrar Of Societies District Registration Office-Joint I No 10, Kancheepruam Main Road, Chengalpattu 603 002

6/6 N.ANAND VENKATESH J.

ssr 09-07-2025 (2/2)