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