Dismissed

Santhi Pitchaiya Nattar v. the Registrar

Madras HC12 Jul 2023WP/20535/2023

Case brief

AI extract

What is this about?

Petitioner sought a writ of mandamus directing the Registrar of Companies to cancel M/s.Home Finders Housing Private Ltd's registration under RERA and the Superintendent of Police to attach properties. The single-judge Bench held that remedies regarding company registration and property attachment under RERA must be pursued in the Company Court, dismissing the writ petition.

What did the court decide?

Writ petition disposed of; no direction to cancel registration or attach property granted.

Santhi Pitchaiya Nattar Vs the Registrar — Company and Corporate | Madras HC (2023)

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W.P.No.20535 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.07.2023

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CORAM: JUSTICE N.SESHASAYEE

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WP.No.20535 of 2023

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Santhi Pitchaiya Nattar

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...Petitioner

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-Vs-

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1.The Registrar, Registrar of Companies, Ministry of corporate affairs, Block No.6, B Wing 2^nd Floor, Shastri Bhavan 26,

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Haddows Road, Chennai – 600 034.

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2.The Principal Secretary to Government, Housing and Urban Development Department, Tamil Nadu Real Estate and Regulatory Authority, Secretariat, Chennai – 600 009.

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3.The Superintendent of Police, (S.P), Economic Offences Wing, (E.O.W), SIDCO, Old Corporate Buildings, 1^st Floor, Thiru.vi.ka, Industrial Estate, Guindy, Chennai – 32.

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4.M/s.Home Finders Housing Pvt. Ltd

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& Lamicale Club & Resort Pvt. Ltd Rep by Managing Director (K.S.Ramalingam), Flat No.2C, Race view Towers, 71 Mount Road, Guindy, Chennai – 600 090 ...Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.No.20535 of 2023

Prayer:

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, direct the 1^st and 3^rd respondent to consider the petitioner's representation dated 26.06.2023. Consequently to direct the 1^st and 2^nd Respondent to cancel the Registration in the name of 4^th Respondent and to take legal action of attached the movable and immovable property and bank accounts of 4^th Respondent by the 3^rd Respondent.

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For Petitioner : Ms.M.Yogaa For R1 : Mr.Prasad Vijayakumar Special Government Pleader For R2 & R3 : Mr.V.Manohar, Additional Government Pleader

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ORDER

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The petitioner's grievance is that the fourth respondent has not fulfilled

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its obligation as a promoter to the petitioner in building residential apartments. Therefore, the petitioner has moved this Court for a direction to the first respondent, the Registrar of Companies to cancel the Registration in the name of the 4^th respondent.

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2.Mr.Prasad Vijayakumar, learned Senior Panel Counsel appeared for the first respondent.

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https://www.mhc.tn.gov.in/judis

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W.P.No.20535 of 2023

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3.Mr.V.Manohar, learned Additional Government Pleader appeared for

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the respondents 2 and 3.

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4.If the fourth respondent is a registered Company, under the RERA Act the petitioner has his remedies available. If the petitioner is still keen to cancel the Registration in the name of the fourth respondent, he has to work out his remedy within the framework of Company's Court.

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5.The Writ Petition is disposed of accordingly. No costs.

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12.07.2023

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Index : Yes/No Internet : Yes/No Tsg

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https://www.mhc.tn.gov.in/judis

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W.P.No.20535 of 2023

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N.SESHASAYEE, J.,

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Tsg

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1.The Registrar, Registrar of Companies, Ministry of corporate affairs, Block No.6, B Wing 2^nd Floor, Shastri Bhavan 26, Haddows Road, Chennai – 600 034.

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2.The Principal Secretary to Government, Housing and Urban Development Department, Tamil Nadu Real Estate and Regulatory Authority, Secretariat, Chennai – 600 009.

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3.The Superintendent of Police, (S.P), Economic Offences Wing, (E.O.W), SIDCO, Old Corporate Buildings, 1^st Floor, Thiru.vi.ka, Industrial Estate, Guindy, Chennai – 32.

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Order made in W.P.No.20535 of 2023

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12.07.2023

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https://www.mhc.tn.gov.in/judis

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Santhi Pitchaiya Nattar v. the Registrar

Case brief

What is this about?

What did the court decide?

Santhi Pitchaiya Nattar v. the Registrar

Case brief

What is this about?

What did the court decide?

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