W.P.No.17631 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2023

CORAM

THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN

Writ Petition No.17631 of 2022

Mr.Ajay Francis Inigo Loyola

2D, 13, Sunset Terrace,

Ramanathan Street,

Kilpauk, Chennai – 600 010.

... Petitioner

Versus

1. District Registrar (Administration),

Chennai Central,

No.182, Bharati Salai,

Pycrafts Road, Royapettah,

Chennai – 600 014.

2. Mr.Joseph Paul,

3. Mr.V.Eswaramoorthy

4. Mr.Udayakumar

5. The Branch Manager,

Punjab National Bank,

No.44, Taylors Road, Kilpauk,

Chennai – 600 010.

6. The Chief Manager, Bank of India,

Chennai Large Corporate Branch,

IV Floor, Tarapore Towers,

826, Anna Salai,

Chennai – 600 002.

... Respondents

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W.P.No.17631 of 2022

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus, directing the 1^st respondent to

consider the latest representation dated 03.01.2022 and thereby renew

the registration of the Sunset Terrace Owners' Association in the manner

best known to law and within a stipulated time period.

For Petitioner

: Mr.Jittin.S

For R1

: Mr.T.Seenivasan,

Special Government Pleader

For R2, R3 & R4 : Mr.M.Nandha Kumar

For R5

: Mr.M.L.Ramesh

For R6

: Mr.Deepak Narayanan

ORDER

The Writ Petition has been filed in the nature of a Writ of

Mandamus seeking to consider the representation dated 03.01.2022 given

by the petitioner and to renew the registration of the Sunset Terrace

Owners Association.

2. In the affidavit filed in support of the Writ Petition, it had been

stated by the petitioner, Ajay Francis Inigo Loyola, that the said

apartment called Sunset Terrace at Old No.13, New No.30, Ramanathan

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W.P.No.17631 of 2022

Street, Kilpauk, Chennai 600 010 comprises of Owners, Tenants and

Corporate guests. There are 24 units. It had been built in the year 1984.

3. The owners and other members who are in residence have

formed an Association called the Sunset Terrace Owners' Association.

The petitioner claims that he is a resident of the said apartment and it is

not very clear whether he is a member of the said Association or not a

member of the Association.

4. In the counter affidavit of the 1^st respondent, the District

Registrar (Administration) at Chennai Central, it had been very

specifically stated that the Association had not submitted their annual

statements after the year 1986-1987. The Association had been formed

in the year 1985. They have filed their annual statement for only one year

thereafter and they have thereafter not filed any other annual statement.

Therefore, the Association itself had faced an action under Section 44(4)

of the Tamil Nadu Societies Registration Act, 1975.

5. The 1^st respondent had issued notice No.4946/D2/2011 on

25.03.2014 and had struck off the said Association from the Register of

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W.P.No.17631 of 2022

Societies and had also published the same in the Tamil Nadu Government

Gazette No.15, Part-VI, Section-1, dated 23.04.2014.

6. It is thus seen that the petitioner is not aware of the basic detail

that the said Association no longer exists and has actually been struck off.

7. He has various grievances against the 2^nd, 3^rd and 4^th

respondents. They are also residents/members of the said Association

which no longer exists. The petitioner calls them as sons of “unknown”.

This again is not proper. The petitioner should have disclosed all details.

8. It is also not known why the 5^th and 6^th respondents namely the

Branch Manager, Punjab National Bank at Kilpauk in Chennai and the

Chief Manager, Bank of India at Anna Salai in Chennai have been

impleaded.

9. If the petitioner seeks to redress his personal grievances then,

this Court under Article 226 of the Constitution of India is not the proper

forum for him to went his grievance