Pushpavalli Suresh Babhu v. Pearl Beach Plot Owners Association (Regn No.122/2018)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Pushpavalli Suresh Babhu ... Petitioner vs.
1.Pearl Beach Plot Owners Association (Regn No.122/2018) Represented by its President Mr.Ramaraj No. 120, Paramankeni Village Cheyyur Taluk Chengalpattu District-603 305 2.Ramaraj 3.Mita Dhar 4.Usha Rani 5.Magesh Kumar 6.K.Gopalan 7.Vijayaragavan 1/9
8.Suji Kumar 9.The Inspector General of Registration No. 100, Santhome High Road Chennai - 600028 10.The District Registrar Registrar of Societies Integrated Registration Complex, Kanchipuram Road, Chengalpet - 603002 11.Ganesh Kumar Prasad 12.Srinivasan 13.Muthukumaran Jayapal 14.Vijay Gujjilapudi 15.Y.N.Raghavendra ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Sub-Court at Madurantakam to hear, decide and dispose-off the pending interlocutory applications in I.A.No.4 to I.A.No.8 of 2025 in O.S.No.173 of 2025 on its file on merits within a reasonable timeframe as may be framed by this Court. For Petitioner : Mr.Anish Gopi For R6 : Ms.T.Kiran Rani 2/9
for M/s.KNS Law Chambers For R9 and R10 : Mr.D.Gopal Government Advocate (CS)
O R D E R
The Civil Revision Petition is filed seeking a direction to Sub Court, Madurantakam to dispose of pending interlocutory applications in I.A.Nos.4 to 8 of 2025 in O.S.No.173 of 2025.
2. The petitioner herein filed a suit against the respondents seeking following prayers:- a) Declaring that Defendants 4 to 6, being suspended memebrs as on 10.08.2025 and defaulting members who had not cleared their dues to the Association, were disqualified from participating in the AGM and ineligible for election to the Executive Committee under Clauses No.2(f) and 3(e) of the Amended Bylaws of the 1st Defendant Association;
b) Declaring that the election/selection of Defendants 3, 8 and 12 being non-members, to the Executive Committee of 1st Defendant Association purportedly held during the AGM on 10.08.2025 is illegal, invalid, null and void, having been conducted in violation 3/9
of the Association's bylaws and without following the due process of law;
c) Declaring that the election of office bearers, namely 3rd Defendant as Treasurer, 4th Defendant as Secretary, and 5th Defendant as Joint Secretary, purportedly announced on 15.08.2025, is illegal, invalid, null and void, having been based on the void election to the Executive Committee and in violation of the Association's bylaws;
d) Declaring that the 3rd, 8th and 12th Defendants, being a nonmembers of the Association and lacking authorization as a deemed member under Bylaw Clause No. 2(j), were not eligible to participate in the AGM or be elected to any position in the Association;
e) Permanent Injunction restraining Defendants 3 to 6, 8 and 12 from functioning as Executive Committee members of the 1st Defendant Association or exercising any powers, rights, or privileges as such;
f) Permanent Injunction restraining the 3rd Defendant from acting as Treasurer, the 4th Defendant from acting as Secretary, and the 5th Defendant from acting as Joint Secretary of the 1st Defendant Association;
g) Mandatory Injunction directing the 1st Defendant Association to conduct a fresh Election to the Executive Committee for the posts of Defendants 3 to 6, 8 and 12 in strict accordance with its bylaws and conduct a discussion and/or deliberation of the 4/9
unconducted/not deliberated and not passed other part of Agenda Point Nos.8, 9 to 14 of Annual General Body Meeting Notice dated 12.07.2025 by constituting an Extra-Ordinary General Body Meeting within a period to be stipulated by this Hon'ble Court, with proper notice to all eligible members and under the supervision of an observer to be nominated by the 9th Defendant; h) Permanent Injunction restraining the Defendants 9 and 10 from accepting the Form VII for the AGM held on 10.08.2025 and any other statutory return pertaining to the 1st Defendant Association; i) Direct the Defendants 4 to 7 to bear the costs of the present Suit; and;
j) Pass such further and/or other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case, and thus, render justice.
3. In the said suit, the petitioner also filed an application for injunction restraining the respondents/defendants 4 to 6, 8 and 12 from functioning as Office Bearers of the 1st Respondent-Association. The petitioner also sought for injunction restraining the respondents/defendants 3 to 6, 8 and 12 from operating bank accounts on behalf of the 1st Respondent-Association.
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4. A perusal of the adjudication sheet filed in the typed-set of papers would indicate that the interlocutory applications were taken up for hearing on 09.10.2025 and notice was ordered to the respondents. The next date of hearing on 09.12.2025.
5. Ms.T.Kiran Rani, learned counsel for M/s.KNS Law Chambers, who takes notice for 6th respondent would submit that the 6th respondent received notice from Trial Court and he would enter appearance in the next date of hearing.
6. Since service is not yet completed on the respondents in interlocutory applications, this Court is not inclined to issue positive direction to the Court below. However, after completion of service on the respondents in interlocutory applications, the Trial Court shall dispose of I.A.Nos.4 to 8 of 2025, as expeditiously as possible.
7. Accordingly, the Civil Revision Petition is disposed of. No costs. 6/9
24.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm 7/9
To 1.The Sub-Court, Madurantakam.
2.The Inspector General of Registration No. 100, Santhome High Road Chennai - 600028.
3.The District Registrar Registrar of Societies Integrated Registration Complex, Kanchipuram Road, Chengalpet - 603002.
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S.SOUNTHAR, J.
dm 24.11.2025 9/9