S.Santhoshkumar v. The District Registrar

ORDER The present writ petition has been filed praying for a writ of Mandamus to direct 1st respondent to consider and dispose of the petitioner's complaint dated 27.03.2025 and hold that the levy of uniform maintenance charges by the second respondent Association is contrary to Sections 8 and 18 of the Tamil Nadu Apartment Ownership Act 2022 and consequently, direct the 1st respondent to direct the second respondent Association to levy and collect common maintenance charges strictly in accordance with the percentage of undivided share (UDS) of each apartment owner.

¶2At the outset, the learned Government Counsel appearing for the respondents would submit that petitioner's representation dated 27.03.2025 would be considered and appropriate orders would be passed, within a time period to be stipulated by this Court. Agreed to by the learned counsel for Page3 of 4 petitioner.

¶3In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents to consider petitioner's representation dated 27.03.2025 on its own merits and pass appropriate orders in accordance with law, after issuing notice and after affording reasonable opportunity of hearing to petitioner and any other interested persons within a period of six (6) weeks from the date of uploading of web copy without waiting for receipt of certified copy of the order. It is made clear that this Court has not expressed any views on the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

¶4Accordingly, the writ petition stands disposed of. No costs. 16-07-2026 Index: Yes/No Speaking/Non-speaking order ANU To

¶1The District Registrar District Registrar of Societies, No. 268 Bharathi Salai, Express Estate, Royapettah, Chennai 14 WPoNo.o27105oofo2026 MOHAMMEDoSHAFFIQ,oJ. ANU WPoNo.o27105oofo2026 16-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ S.Santhoshkumar s/o. P.R. Sadasivam, Old No. 75 New No. 24, Flat J2, Sri Mahalakshmi Enclave, Gandhi Road, Gill Nagar, Choolaimedu, Chennai 94 ..Petitioner(s) Vs 1. The District Registrar District Registrar of Societies, No. 268 Bharathi Salai, Express Estate, Royapettah, Chennai 14 2. Sri Mahalakshmi Enclave Flat Owners Association (Reng. No. 191/ 2001), Rep. by its Secretary K Block Basement No. 24, Gandhi road, Gill Nagar, Choolaimedu ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, directing the 1st respondent, District registrar of Societies to consider and dispose of the petitioner's complaint dated 27.03.2025 against Sri Mahalakshmi Enclave flat owners Association Reg . No. 191, situated at No. 75 K.Block Basement, Gandhi Road, Choolaimedu, Chennai 600 094 and hold that the levy of uniform maintenance charges by the second respondent Association is contrary to Sections 8 and 18 of the Tamil Nadu Apartment Ownership Act 2022 and consequently direct the 1st Page2 of 4 respondent to direct the second respondent Association to levy and collect common maintenance charges strictly in accordance with the percentage of undivided share (UDS) of each apartment owner. For Petitioner(s): Mr.K.Sridhar for M/S.K.SRIDHAR ASSOCIATES For Respondent(s): Mr.S.Sidhartha Vishnu Government Counsel