Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Neutral Citations
2024 KHC 51558
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Society Registration Act, 1960 (hereinafter referred as to 'Act')
  • Societies Registration Act, 1960
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Neutral Citations
2024 KHC 51558
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Society Registration Act, 1960 (hereinafter referred as to 'Act')
  • Societies Registration Act, 1960
To access the original judgment, please Sign In or Subscribe.

    MR. MARTIN T. PHILIP v. THE STATE OF KARNATAKA

    - 1 -

    NC: 2024:KHC:51558

    WP No. 22579 of 2021

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 13TH DAY OF DECEMBER, 2024

    BEFORE

    THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22579 OF 2021 (GM-KSR)

    BETWEEN:

    1. MR. MARTIN T. PHILIP

    AGED ABOUT 39 YEARS,

    S/O LATE PHILIP T V R/AT FLAT NO.201

    2. MR. PRATHAPA KUMAR A SHETTY

    AGED ABOUT 41 YEARS

    S/O MR. AITHAPPA SHETTY R/AT FLAT NO. 701

    3. MR. P V K SURESH BABU

    AGED ABOUT 42 YEARS

    S/O LATE P V SURI BABU R/AT FLAT NO. 702

    4. MR. CHRISTOPHER K C

    AGED ABOUT 39 YEARS

    S/O LATE K V CLEATUS R/AT FLAT NO.208

    5. MR. PRAVEEN K V

    AGED ABOUT 42 YEARS

    S/O MR. R VIJAYAN R/AT FLAT NO.412

    6. MR. SREEKUMAR G NAIR

    AGED ABOUT 58 YEARS

    S/O MR. GOPALAKRISHNAN NAIR R/AT FLAT NO.712

    REPRESENTED BY HIS GPA HOLDER

    MR. MARTIN T PHILIP

    AGED ABOUT 39 YEARS

    - 2 -

    S/O LATE PHILIP T V R/AT FLAT NO. 201

    7. MR. V SENTHIL KUMAR

    AGED ABOUT 44 YEARS

    S/O MR. V VAJIRAM R/AT FLAT NO. 102

    ALL ARE RESIDENTS OF PARK GOLDEN

    AURA APARTMENT

    SY NO.65, CHANDAPURA VILALGE

    ATTIBELE HOBLI

    ANEKAL TALUK

    BENGALURU - 560 081 …PETITIONERS

    (BY SRI. JEEVAN K.,ADVOCATE)

    AND:

    1. THE STATE OF KARNATAKA

    REPRESENTED BY ITS REGISTRAR

    DEPARTMENT OF CO-OPERATIVE SOCIETIES

    NO.1 ALI AKSAR ROAD

    BENGALURU - 560 052

    2. DEPUTY REGISTRAR OF

    CO-OPERATIVE SOCIETIES

    3RD ZONE, BENGALURU CITY DISTRICT

    NO.146, SAHAKARA SOUDHA

    2ND FLOOR, 8TH CROSS 3RD MAIN ROAD

    MARGOSA ROAD MALLESHWARAM

    BENGALURU - 560 003.

    3. THE DISTRICT REGISTRAR

    OFFICE OF THE REGISTRAR OF SOCIETIES

    3RD ZONE, NO.146, SAHAKARA SOUDHA

    2ND FLOOR, 8TH CROSS 3RD MAIN ROAD

    MARGOSA ROAD MALLESHWARAM

    BENGALURU - 560 003.

    4. PARK GOLDEN AURA APARTMENT

    OWNERS ASSOCIATION

    REGISTERED UNDER KARNATAKA

    SOCIETIES REGISTRATION ACT 1960

    REG NO. JNR-S69-2012-2013

    - 3 -

    SL. NO. 941/2/3 SURVEY NO.65

    TCP LAYOUT, CHANDRAPURA

    BANGALORE KARNATAKA - 560 081

    REPRESENTED BY ITS PRESIDENT

    MR. ANANT S VEERGOUDAR

    …RESPONDENTS

    (BY SRI.MAHANTESH SHETTER, AGA FOR R1, R2 & R3

    SRI KUMARA K G, ADVOCATE FOR R4)

    THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE

    CONSTITUTION OF INDIA PRAYING TO QUASHING THE

    REGISTRATION GRANTED VIDE SOCIETY REGISTRATION NUMBER

    JNR-S69-2012-13 DATED 19.11.2012 VIDE ANNEXURE-C BY THE

    RESPONDENT NO.3 THE DISTRICT REGISTRAR OF SOCIETIES TO

    RESPONDENT NO.4 PARK GOLDEN AURA APARTMENT OWNERS

    ASSOCIATION(PGAAOA) AND ETC.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

    WAS MADE THEREIN AS UNDER:

    CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

    ORAL ORDER

    1. The petitioners are before this Court seeking for the following reliefs:

    "Wherefore, the petitioners humbly pray that this Honurable Court be pleased to,

    i. Issue a writ of certiorari quashing the Registration granted Vide Society Registration Number JNR- S69-2012-13 dated vide Annexure-C by

    respondent No.3 the District Registrar of Societies to respondent No.4 'PARK GOLDEN AURA APARTMENT OWNERS ASSOCIATION' (PGAAOA).

    ii. Pass such other writ or direction as deemed fit in the circumstances of the case."

    - 4 -

    2. The petitioners claim to be owners and residents of an apartment complex known park Golden Aura. It is stated that a society under the Karnataka Society Registration Act, 1960 (hereinafter referred as to 'Act') by name Park Golden Aura Apartments owners association had been formed by some of the owners for the purpose of maintaining of the apartment complex which is contended to be impermissible and as such the aforesaid relief for cancellation of the registration is sought for .

    3. The Hon'ble Division Bench of this Court vide its judgment dated 06.11.2019 in WP.No.974/2019 and other connected matter has categorically held that a society registered under the Societies Registration Act, 1960 cannot have as one of its objects the maintenance of a apartment complex. In that view of the matter, the registration of respondent No.4 for that purpose is not permissible. Hence, I pass the following:

    - 5 -

    ORDER

    i. The petition is allowed;

    ii. A certiorari is issued, the registration granted vide Society Registration Number JNR-S69- 2012-13 dated 19.11.2012 at Annexure-C is hereby quashed;

    iii. Liberty is reserved to the apartment owners to comply with the due requirement of the Karnataka Apartments Owners Act, and form such association for maintenance of the apartment complex as permissible under law;

    iv. Pending I.A does not survive for consideration.

    SD/-

    (SURAJ GOVINDARAJ)

    JUDGE

    PNV - List No.: 1 Sl No.: 9

    Use AI to get other relevant cases.

    Comments

    MR. MARTIN T. PHILIP v. THE STATE OF KARNATAKA
    (Dec 13, 2024)