The Court dismissed the writ petition seeking direction to the Registrar of Companies to investigate the affairs of a flat owners' association. The Court held that since the grievances involved criminal allegations of cheating and internal conflicts, the Registrar had no role to play and the writ was not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.15721 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.No.15721 of 2020 and W.M.P.No.19556 of 2020
R.Seetharaman S/o Late Rajangam ... Petitioner
vs.
Prayer in W.P : The Writ Petition is filed under Article 226 of the constitution of India to issue a Writ of Mandamus to direct the 1st respondent to take action against the persons in the affairs of the 2nd respondent society, after conducting inspection and investigation in exercise of powers conferred under Sections 21 to 24 of the Societies Registration (Puducherry Amendment) Act 6 of 1969 by considering the
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petitioner's representation dated 10.10.2020.
For Petitioner : Mr.N.Manokaran
For Respondents : Mr.V.Ashokkumar ACGSC for R1 Mr.Vivekanandham for R2
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus to
direct the 1st respondent to take action against the persons in the affairs of the 2nd respondent society, after conducting inspection and investigation in exercise of powers conferred under Sections 21 to 24 of the Societies Registration (Puducherry Amendment) Act 6 of 1969 by considering the petitioner's representation dated 10.10.2020.
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of the Association. On 08.07.2020, another executive member of the Association by name R.Rajasekaran had also given a complaint before the same Police Station for the act of cheating.
28.02.2024
Index :yes/No Speaking /Non speaking order vsi
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W.P.No.15721 of 2020
To
The Registrar of Companies, Ministry of Corporate Affairs, No.7, 2nd Floor, Karuvadikuppam Main Road, Muthialpet, Pondicherry - 605 003.
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W.P.No.15721 of 2020
J.NISHA BANU, J.
vsi
W.P.No.15721 of 2020
28.02.2024
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1 issue framed by the court
Whether a writ petition seeking inspection and action by the Registrar of Companies is maintainable when the subject matter involves criminal allegations and internal association disputes.
2 provisions across 2 enactments
R.Seetharaman
The Registrar of Companies, Ministry of Corporate Affairs
M/s. Janani's Blossom Apartment Flat Owners Association
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
