K.Ravi Kumar v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.28560 of 2024 K.Ravi Kumar

...Petitioner

Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar (Chennai South), District Registrar's Office Jeenis Road, Saidapet, Chennai - 600 015.

3. The Registrar of Societies, Chennai South, Fanepet, Chennai - 600 035. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to conduct inquiries under the Tamil Nadu Societies Registration Act, 1975 pursuant to the complaint of the petitioner dated 29.03.2023 and in compliance of the directions of the first respondent in proceedings dated 19.06.2024 bearing Ka.No.10369/II/2024, in a time bound manner.

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For Petitioner : Mr.R.Venkat Raman for M/s. Tatva Legal Chennai For Respondents : Mr.P.Harish Government Advocate

O R D E R

The petitioner herein seeks a direction to the second respondent to conduct enquiries on the complaint dated 29.03.2023 made by him, as per the provisions of the Tamil Nadu Societies Registration Act, 1975 .

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that he is the owner of an apartment bearing No.2-2D, in "Sabari Terrace" situated in Sholinganallur, Chennai. The owners of the apartments formed an Apartment owners Association in the name of "Sabari Terrace Apartment Owners Association" (for short, the "STAO Association"). The petitioner submitted a representation on 29.03.2023, brining it to the notice of the second respondent, that the affairs of 2/5

the STAO Association was not conducted in accordance with the Tamil Nadu Societies Registration Act. It is also mentioned in the said representation that the audited financial statement of the STAO Association was not filed before the Register of Societies as contemplated under section 16(3)(b) of the Act. After receipt of the said representation, the second respondent issued a show cause notice to the concerned society in his proceedings in Na.Ka.No.11728/E2/2023 dated 03.07.2023. Thereafter, no steps have been taken. Therefore, the petitioner is before this Court.

4. Mr.P.Harish, learned Government Advocate, who takes notice for the respondents would submit that the complaint preferred by the petitioner will be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the complaint of the petitioner dated 29.03.2023 and pass final orders, after issuing notice to the petitioner and concerned Association and all interested parties, within a period of eight weeks from the date of receipt of a 3/5

copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

26.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar (Chennai South), District Registrar's Office Jeenis Road, Saidapet, Chennai - 600 015.

3. The Registrar of Societies, Chennai South, Fanepet, Chennai - 600 035.

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S. SOUNTHAR, J.

av W.P No.28560 of 2024 26.09.2024 5/5