Court may direct consideration of representation seeking statutory action against defunct society under relevant Registration and Apartment Acts.

ORDER

This is a petition filed by the petitioner seeking a direction to respondents 1 and 2 to consider the representation dated 17.3.2026 to take and complete the further action pursuant to the notice dated 10.11.2011 issued by the third respondent against the fourth respondent association in terms of Section 44(4) of the Tamil Nadu Societies Registration Act, 1975 and also in terms of Section 4 of the Tamil Nadu Apartment Ownership Act, 2022.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for respondents 1 to 3. In view of the limited nature of relief this Court proposes to grant, notice to the fourth respondent is dispensed with and the writ petition itself is taken up for final disposal.

3. The case of the petitioner is as follows:

(i) The property in S.Nos.174, 183 & 189, T.S.No.189, No.18, Block No.16, Puliyur Village, Sowrashtra Nagar, Egmore Nungambakkam Taluk, Choolaimedu, Chennai-94 measuring more than 55 grounds, which has been now named as Chitra Avenue, originally belonged to M/s.Loyola College, Chennai-34. The Rector of that college seemed to have entered into a joint venture with M/s.Chitra Constructions Private Limited for construction of multi-storied residential flats.

(ii) For the purpose of constructing the flats, the promoter acted as a General Power of Attorney (GPA) for the said college and secured planning permission from the Chennai Metropolitan Development Authority (CMDA) in 2000. As per the building permission granted by the CMDA, the promoter was permitted to construct the multi-storied residential flats containing 9 blocks, numbering 185 dwelling units and having stilt + 4 floors. But, in violation of the building permission granted by the CMDA, the builder constructed 6 floors in 10 blocks, totalling to 365 dwelling units as against the permitted 185 units. The builder also constructed 11 shops in the stilt area of one of the blocks disregarding and violating the sanctioned plan.

(iii) In order to look after the welfare of the residents, the fourth respondent association was formed and it was registered under the Tamil Nadu Societies Registration Act, 1975, as per the by-laws, in which, all the flat owners are permanent members of the fourth respondent association till they cease to be the owners whereas the tenants or occupants of the dwelling units other than the owners are deemed to be ordinary members.

(iv) A new set of office bearers was elected and they continued the office till 2015. They were replaced when the Administrator was appointed by this Court on 08.4.2015 in Cont.P.No.3040 of 2014. In the meantime, a notice dated 10.11.2011 was issued by the third respondent to the fourth respondent association under Section 44(3) of the Tamil Nadu Societies Registration Act, 1975 granting one month time to submit their explanation. However, till this date, the fourth respondent association has not complied with the statutory requirement. Therefore, as per Section 44(4) of the Tamil Nadu Societies Registration Act, 1975, the fourth respondent association is deemed to have been removed from the list of registered societies after the expiry of one month from the date of receipt of the said notice. Further, only formal orders will have to be passed for the removal of the fourth respondent association and its dissolution. (v) In continuation of the earlier orders dated 21.8.2019 passed by this Court in C.R.P.No.2716 of 2019, an Advocate Receiver was appointed and he was directed to carry out certain directions including finalisation of the accounts and conduct of elections. The Administrator and the Advocate Receiver did not show any interest to carry out the directions issued by this Court. They failed to take steps to revive the fourth respondent association that was declared defunct in 2011. This Court took note of the Covid-19 situation and