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2007 Supreme(Mad) 4287

A.P.SHAH, RAMASUBRAMANIAN
R. Muralidaran & Others – Appellant
Versus
The District Registrar, South Madras & Another – Respondent


For the Appellants :L. Somayaji, S.C., for M/s. A.V. Bharathi , Advocates. For the Respondents:R1, Raja Kalifulla, Government Pleader, R2, J.R.K. Bhavanandam, Advocate.

Judgment :-

V. Ramasubramanian, J.

"Siddharth Heights" is a complex of residential apartments comprising of about 113 flats and the owners of these apartments have joined together and formed an Association known as "Siddharth Heights Apartments Owners Association". The said Association was registered under the Tamil Nadu Societies Registration Act, 1975, bearing Sl.No.46 of 2004.

2. On the ground that a new set of office bearers were elected to the society, in an election held on 28.01.2007, Form No.VII under Rule 17(2) of the Tamil Nadu Societies Registration Rules, 1978, was filed with the District Registrar of Societies, South Chennai, on the same day. Later, objections were lodged with the District Registrar on the ground that election was not properly conducted in accordance with the Bye-laws. Therefore, the District Registrar, South Chennai, passed an order dated 30.05.2007, rejecting the Form No.VII filed on 28.01.2007 and directing the conduct of fresh elections.

3. Aggrieved by the said order dated 30.05.2007, passed by the District Registrar, the office bearers, who had filed Form No.VII, came up with the writ petition in W.P.No.24017 of 2007. The said writ petition was









































































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