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

Karnataka High Court
Dec 13, 2024

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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