Madras High Court
Humming Garden Owners Welfare ... vs District Registrar on 7 October, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.37248 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.10.2025
Coram:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.37248 of 2025
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Humming Garden Owners Welfare Association,
Regn.No.SRG/Chengalpattu/331/2019,
Rep. by its Secretary,
N.Kirubaharan,
Alliance Humming Gardens,
OMR, Kelambakkam,
Thaiyar, Chengalpattu-603 103. .. Petitioner
Vs.
1. District Registrar,
District Registrar Office,
J C K Nagar, Chengalpattu Paranur,
Chengalpattu, Tamil Nadu - 603 002.
2. Alliance Villa Owners Welfare Association,
(Regn.No.SRG/Chengalpattu/117/2024) rep. by
its Secretary, Mr.Rajesh. S.,
Having office at No.299,
Alliance Villa, Old Mahabalipuram,
Kelambakkam, Thaiyur-603 103.
3. Alliance Villa Pvt. Ltd.,
Plot No."A", No.36/1,
Gandhi Mandapam Road,
Kotturpuram, Chennai-600 085. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Certiorari to call for the records in
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W.P.No.37248 of 2025
Na.Ka.No.7694/E1/2024, dated 20.06.2025 passed by the first respondent and
quash the same as illegal and arbitrary.
For petitioner : M/s.G.Mohammed Aseef
For respondents: Mr.R.Sasikumar, Govt. Advocate for R-1
ORDER
This Writ Petition is filed praying for issuance of a Writ of Certiorari to call for the records in Na.Ka.No.7694/E1/2024, dated 20.06.2025 passed by the first respondent and quash the same as illegal and arbitrary.
2. The third respondent developed a project which comprises over 620 Villas and 80 apartments, and after completing Phase-1 and Phase-2, the builder managed maintenance for one year before transferring it to the Humming Gardens Owners Welfare Association, viz., the petitioner, which was registered under Section 10 of the Tamil Nadu Societies Registratin Act, bearing Doc.No.SRG/CHENGALPATTU/2019, dated 29.10.2019. The terms Phase-1 and Phase-2 were the terms coined by the builder for construction purposes and do not signify any actual division among the villas. The residents of all the 620+ villas and 80 apartments share common amenities, including a Club House, Badminton area, Table Tennis Court, Swimming Pool, Party Hall, Snooker area, Car park, playground, park etc. 95% of the members from the Phase-2 are Page No.2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 12:24:29 pm ) W.P.No.37248 of 2025 already a part of the petitioner-Association and have been regularly paying the maintenance and other corpus fees and they have also been actively participating in the Association's affairs including the elections held as per the bye-laws. The members of the second respondent-Association, who were defaulting in paying the maintenance dues, together approached the third respondent and requested the third respondent to handover the common amenities for Alliance Humming Gardens Phase-2 Villas. The third respondent orally informed the second respondent that the common amenities could not be handed over as it had already been transferred to the petitioner/Association. When the third respondent refused to hand over the common amenities to the second respondent, the second respondent immediately proceeded to register a separate Association under the name "Alliance Villa Owners Welfare Association"
deliberatly omitting the project name "Humming Gardens" and also providing a complete different address from that of "Humming Gardens" to facilitate the registration process while violating all the existing Association rules and bye- laws.
3. It is the further case of the petitioner that both the Associations are registered. However, there is a serious dispute in between two Associations, which was looked into by the first respondent, and the first respondent rejected the petitioner's request on the ground that both the Associations have not joined Page No.3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 12:24:29 pm ) W.P.No.37248 of 2025 together and formed a composite federation and registered the same and submit a Declaration under the Tamil Nadu Apartment Ownership Act. Challenging the same, the present Writ Petition is filed.
4. A perusal of the impugned order reveals that as per Section 10 of the Tamil Ndu Apartment Ownership Act, where the property comprises of more than one project and has two or more societies or associations, a common Federation shall be formed for the purpose of maintaining and running all the common amenities and facilities and maintaining the common area in the community. However, the two Associations, though have registered themselves as Associations before the Sub-Registrar, but they have not registered themselves collectively as a Federation under the Tamil Nadu Apartment Ownership Act and filed appropriate declaration. Therefore, the order passed by the authority, which is impugned herein, cannot be said to be unsustainable.
5. In such a backdrop, this Court disposes of this Writ Petition by directing the petitioner and the second respondent to approach the first respondent to register both the petitioner and the second respondent as a Federation and upon such registration being completed, the said Federation is at liberty to file suitable declaration in terms of Section 34 of the Tamil Nadu Apartment Ownership Act before the first respondent and upon such declaration being filed, the first respondent is directed to consider the same and pass appropriate orders on the Page No.4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 12:24:29 pm ) W.P.No.37248 of 2025 said declaration within a period of four weeks from the date of filinlg of the said application.
There shall be no order as too costs.
07.10.2025 cs To District Registrar, District Registrar Office, J C K Nagar, Chengalpattu Paranur, Chengalpattu, Tamil Nadu - 603 002.
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