Dismissed¶¶25

E. Veeramani v. the Inspector General of Registration

Madras HC24 Jan 2025WP/1562/2025

Case brief

AI extract

What is this about?

Fresh/repeat writ petition not maintainable where an earlier court order remains unexecuted; remedy is an application seeking clarification of the order. Dissolution of house owners' association (NOVA/NHOA, Mahindra World City, Chengalpattu); show cause notice Na.Ka. No 4474 / E1 / 2024 dated 19.12.2024 by District Registrar versus earlier direction dated 06.08.2024; contempt petition Cont.P.No.4006 of 2024 closed on claimed compliance; Article 226 mandamus; petition dismissed, no costs.

What did the court decide?

Where an earlier order of this Court directing action has not been complied with, it is not open to the petitioner to file another writ petition seeking the very same direction; such a fresh writ petition will not be entertained. ¶¶25

E. Veeramani Vs the Inspector General of Registration — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing the 2nd respondent to dissolve the NOVA House Owners Association (NHOA) as defunct and to register the new association applied for, when an earlier order of this Court on the same subject is alleged to remain unexecuted. +1 more

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Court's answer

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Ratio / Principle

If the earlier order is not complied with, the petitioner's remedy is to work out his remedy in the manner known to law by filing an appropriate application seeking clarification of the order dated 20.12.2024 (as referred to by the Court).

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Detailed headnote1 paragraphs

W.P. No. 1562 of 2025 (High Court of Judicature at Madras, S. Sounthar, J., 24.01.2025): The petitioner, E. Veeramani, had earlier obtained an order dated 06.08.2024 directing the District Registrar, Chengalpattu to consider his representation dated 09.07.2024 for dissolving the NOVA House Owners Association (NHOA) as defunct and to pass final orders on its own merits after affording the association an opportunity. Alleging non-compliance, he pursued Cont.P.No.4006 of 2024, which was closed on counsel's recorded statement that the order stood complied with by proceedings dated 19.12.2024 — which, per the petitioner, was merely a show cause notice (Na.Ka. No 4474 / E1 / 2024) to the association, with no final order passed. He then filed the present Article 226 writ petition seeking mandamus to dissolve NHOA and to register a newly applied-for association. Held: where a prior order of the Court has not been complied with, a fresh writ petition seeking the very same direction does not lie; the petitioner must instead seek clarification of the order by appropriate application. Writ petition dismissed; no costs.

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W.P.No.1562 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.01.2025

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CORAM

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THE HONOURABLE MR. JUSTICE S.SOUNTHAR

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W.P No.1562 of 2025

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E.Veeramani ...Petitioner

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Vs.

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1.The Inspector General Of Registration No 100, Santhome High Road, Chennai 2.The District Registrar Chengalpattu District

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3.The Nova House Owners Association Represented By Its President Mahindra World City, Chengapattu District ....Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to dissolve the NOVA House Owners Association (NHOA) as defunct, which functioning illegally from 2017 onwards, in virtue of the show cause notice issued by 2nd respondent through his proceedings in Na.Ka. No 4474 / E1 / 2024 dated 19.12.2024 and consequently directing the 2nd respondent to register the new NAWA association in online Application No. S01SREGVV202407048003544, pending before the District Registrar, Chengalpattu.

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For Petitioner : Mr.Krishnasamy Chinnasamy

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For Respondents : M.C.Sathish for R1 and R2

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

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W.P.No.1562 of 2025

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Government Advocate O R D E R

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The writ petition is filed seeking a direction to 2^nd respondent to dissolve the NOVA House Owners Association (NHOA) which has been functioning illegally from the year 2017.

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It is seen from the affidavit filed in support of this writ petition and the typed set of papers that earlier, the petitioner filed a writ petition seeking direction to 2^nd respondent to consider his representation dated 09.07.2024 to dissolve the defunct association which was functioning illegally. The said writ petition was disposed of by this Court by order dated 06.08.2024 directing the 2^nd respondent to consider the representation of the petitioner and pass final orders on its' own merits after affording opportunity to 3^rd respondent association. It is stated by the petitioner that the said order has not been complied. Therefore, a contempt petition has been moved before this Court in Cont.P.No.4006 of 2024 against the 2^nd respondent. The said contempt petition was closed by recording the statement made by the counsel representing the respondent therein that order under contempt had been complied with by proceedings dated 19.12.2024.

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

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W.P.No.1562 of 2025

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Now, the petitioner has come before this Court by stating that

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proceedings dated 19.12.2024 was only a show cause notice issued to the 3^rd respondent by 2^nd respondent pursuant to the direction issued by this Court in the earlier writ petition and no final order has been passed. Therefore, the earlier order has not been complied with.

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If the earlier order passed by this Court has not been complied with by the 2^nd respondent, it is not open to the petitioner to file another writ petition seeking very same direction. If the earlier order is not complied with, it is for the petitioner to work out his remedy in the manner known to law by filing appropriate application seeking clarification of the order dated 20.12.2024. Therefore, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition stands dismissed. No costs.

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24.01.2025

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No nr

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3/4

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

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W.P.No.1562 of 2025

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S.SOUNTHAR, J. nr