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Madras High CourtWP/30605/2025disposed of with direction

Sree Dakshas Vhridhaa Ownera Association v. The District Registrar (Administration)

2025-10-13Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.Nos.34298 & 42748 of 2025 Sree Daksha's Vhridhaa Owners Association Represented By its Secretary M Saravan Kumar S/o Malluswamy Villa No L-2, Sree Daksha Vhridhaa Residential Complex IOB Colony Coimbatore 641 046 Petitioner(s) Vs 1.The District Registrar (Administration) Coimbatore (North) Joint-1, Sub Registrar Office, Syrian Church Road, Puthiyavan Nagar, Coimbatore, Tamil Nadu 641 001.

2.R.Subramonian 3.R.Thulasi Bai 4.N.Ayyappan 5.N.Vineeth Kumar 6.B.S.Ragavan 7.R.Sundar 8.A.Karthikeyan

9.S.Manikandan 10.Kunal P.T.

11.S.Ramasubramanian 12.Amirthagowri 13.K.S.Umasankar 14.R.Kanagarajan 15.S.Balasubramanian 16.K.V.Kalavathy 17.D.Mahesh Respondent(s) Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari calling upon the records pertaining to the impugned order dated 31.07.2025 (wrongly dated 31.07.2024) Vide Na.Ka.No.7188/AA-2/2024 passed by the 1 st Respondent and quash the same.

For Petitioner(s):

G. Balasubramanian for M/s.Leela and co For Respondent(s):

Mr.V.Baranidharan, Special Government Pleader for R1 Mr.M.S.Seshadri for R2 & R8 RR 3 to 6, 9, 10, 12, 13, 15 & 16 - No appearance RR 7, 11 & 14 - notice returned

ORDER

This Writ Petition has been filed by the petitioner to quash the order of the first respondent dated 31.07.2025 Vide Na.Ka.No.7188/AA-2/2024.

2.The case of the petitioner is that the petitioner herein is the Secretary of the Association 'Sree Dhaksh's Vhridhaa Owners Association', which was formed in the year 2020 under (Reg No.SRG/Coimbatore/306/2020) for the welfare of the owners/residents of the Sree Dhaksha's Vhridhaa Residential Complex. Further that the petitioner and other office bearers of the Association were elected by way of an election conducted in August 2023. 3.While that being so, the respondents 2 to 17, who are the members of the Association, gave a false complaint to the first respondent against the current office bearers of the Association alleging certain irregularities in the conduct of the association. After which, the first respondent along with her officials visited the Petitioner Office on 16.04.

2024 and inspected all the files, documents available in the office. Pursuant to the inspection conducted by the st respondent, the office bearers of the petitioner Association were called for an enquiry on 16.06.2025, 19.06.2025 and 30.06.2025 but, were only made to wait for long hours and were not given an opportunity of hearing.

4.Thereafter, the first respondent without conducting an enquiry, passed the impugned order dated 31.07.2025 that a new committee of members can be elected from and out of the existing management committee members or out of the regular members in accordance with the association by-laws and the new elected members can administer the affairs of the association. Challenging the said order of the first respondent, the present Writ Petition has been filed. 5.The learned counsel for the petitioner submits that the first respondent has passed the impugned order dated 31.07.2025 making certain remarks against the office bearers of the petitioner Association, without providing an opportunity of hearing to the office bearers of the Petitioner Association, which is against the principles of natural justice. The learned counsel therefore sought to quash the impugned order of the first respondent and allow the present Writ Petition.

6.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the first respondent and also the learned counsel for the respondents 2 and 8.

7.Since the first respondent has passed the impugned order dated 31.07.2025, without granting an opportunity of hearing to the office bearers of the petitioner Association, the remark made by the first respondent against the office bearers of the petitioner Association is expunged and the first respondent is further directed to appoint an Election Officer for conducting the election to the petitioner Association, within a period of four weeks from the date of receipt of a copy of this Order and the Election Officer is thereafter, required to conduct the election of the petitioner Association within a period of four weeks thereafter. Further, it is also made clear that the present office bearers of the Association, the respondents 2 to 17 and all other members of the Association are entitled to participate in the election.

8.With the above observation, the present Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 13-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The District Registrar (Administration) Coimbatore (North) Joint-1, Sub Registrar Office, Syrian Church Road, Puthiyavan Nagar, Coimbatore, Tamil Nadu 641 001.

M.DHANDAPANI J.

Tsg 13-10-2025