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2023 Supreme(Mad) 1124

S. M. SUBRAMANIAM
Ankur Grand Owners Association, Represented by its Hon. Secretary Mr. Hiren Botadra – Appellant
Versus
District Registrar (Admin), In the Cadre of Assistant I. G. of Registration – Respondent


Advocates Appeared:
For the Petitioner: Mr. T. Mohan, Senior Counsel for Mr. V. Balaji.
For the Respondents: Mr. S. Ravichandran, Mr. N. Subramaniyan for Mr. D. Raghu.

ORDER :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the first respondent passed in No.3629/D2/2016 dated 24.06.2016 and quash the same.)

1. The writ on hand has been instituted challenging the order passed by the first respondent in proceedings dated 24.06.2016.

PETITIONER'S CASE:

2. The petitioner is Ankur Grand Owners Association, registered under the Tamil Nadu Societies Registration Act, 1975. The petitioner-Association is the Flat Owners Association and the Bye-Laws of the Association was registered before the Competent Authority under the Tamil Nadu Societies Registration Act, 1975. In the year 2009, the Apartment Builder Constructed the building consisting of 60 apartments at Door No.252 and 254, EVR Periyar High Road, Kilpauk, Chennai-600 010. The Corpus Fund was collected at the rate of Rs.25 per square feet from all the 60 flat owners and the said amount was handed over to the petitioner- Association by the builder after registration of the petitioner-Association.

3. On 09.05.2010, the Committee members of the petitioner- Association passed a resolution enhancing Corpus Fund from

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