Madras High Court
Yeshwanth T.Badradri vs Registrar Of Societies on 4 April, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.12323 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.12323 of 2025
and
WMP.No.13916 of 2025
1.Yeshwanth T.Badradri
2.P.L.V.Subba Rao ... Petitioners
Vs.
1.Registrar of Societies
Chennai Central
Bharathi Salai
Chennai 600 014.
2.Sun Plaza Owners Association
represented by its Secretary
Having its Office at
No.39, G.N.Chetty Road, Chennai
Nungambakkam Egmore Taluk
Chennai 600 006.
3.M.Chidambaram
4.K.Shanmuganathan
5.K.Nagendra Babu ...Respondents
1/10
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W.P.No.12323 of 2025
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the first respondent to conduct an
enquiry into the affairs of the second respondent, particularly, the action of
the respondents 3, 4 and 5 in disconnecting Water Supply and denying Car
Parking Facilities to the Owners/Tenants of the Commercial Building “Sun
Plaza” situated at No.19/39, G.N.Chetty Road, T.Nagar, Chennai-600 006,
herein.
For Petitioners : Mr.A.Sikkandar
For Respondents : Mr.R.Sasikumar for R1
Government Advocate
ORDER
This Writ Petition is filed for a Writ of Mandamus directing the
first respondent to conduct an enquiry into the affairs of the second
respondent particularly the action of the respondents 3, 4 and 5 in
disconnecting water supply and denying car parking facilities to the owners/
tenants of the commercial building Sun Plaza situated at No.19/39,
G.N.Chetty Road T.Nagar, Chennai-600 006.
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2. Heard Mr.A.Sikkandar, the learned counsel appearing on
behalf of the petitioners and Mr.R.Sasikumar, the learned Government
Advocate appearing on behalf the first respondent.
3. In view of the nature of order that is proposed to be passed,
this Writ Petition is disposed of in the admission stage without notice to the
respondents 2 to 5. It is made clear that this Court is not deciding the inter se
rights of the petitioners viz-a-vis the respondents 2 to 5.
4. Upon considering the arguments of the learned counsel for the
petitioners and the affidavit filed in support of the Writ Petition and the
representation that is made by the petitioner, the grievance of the petitioners
is that the second respondent claiming itself to be the apartment owners
association is proposing now to cut the electricity and water connection in
respect of the petitioners and they are also high handedly denying the parking
space that is originally allotted to the petitioners. The petitioners dispute the
claim of the second respondent with reference to the arrears. It is the claim of
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the learned counsel for the petitioners that in view of the judgement of the
this Court in WP.No.5351 of 2009 (Cosmo Owners Association Vs. the
Chennai Metropolitan Water Supply Sewerage Board and another1 more
specifically the findings in paragraph 29 of the said order, the apartment
owners association has no jurisdiction to cut the water supply or electricity
connection and the same are basic needs and amenities which are required for
any person to reside in the apartment and the apartment owners association
can never have the power to cut the same.
5. The learned counsel for the petitioners took this Court through
the by-law that is framed in respect of the instant society more specifically to
the by-law No.x contained in Page 37 of the said by-laws, which is extracted
hereunder for ready reference;
“x) Further to the penalties stated above, the
committee shall be entitled to take a decision to deny
withdraw restrict all common amenities/utilities such as
common lift, water supply, etc., provided to the member by
the association until such time the arrears are paid in full by
1(2009) 4 law weekly 348
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the member inclusive of the penalty charges that may have
become due such amenities shall not be restored until and
unless the arrears are cleared in full along with any
applicable penalties and/or applicable reconnection charges
or necessary steps are taken by such member who is in
default, to remove the effect of such breach of obligation xi)
The committee is authorized to spend up to Rs.30,000/-
(Rupees thirty thousand only) for recurring revenue
expenditure at any point of time. In case of any emergency
depending on the circumstances warranted, the President
and Secretary are jointly authorised to incur the expenditure
on behalf of the Association subject to the limit as stated
above and report the same at the next committee meeting.
xii) If the expenditure works out to be more than
Rs.30,000/- and within Rs.50,000/- (rupees fifty thousand
only) depending on the circumstances and with prior
approval of the committee the expenditure may be incurred
and may be placed before the next General meeting for
ratification. Xiii) Under any circumstances any revenue
expenditure beyond Rs.30,000/- (rupees thirty thousand
only) shall require prior approval of the General body by
voting of not less than two thirds majority of the members
of the association present and voting at the next General
Meeting.”
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6. As a matter of fact, now the provisions of the Tamil Nadu
Apartment Ownership Act 2022 (Act No.44 of 2022) governs the field and in
view of Section 19 of the said Act, the dues if any to the common expenses
shall only constitute a charge on the apartment and such a power to withdraw
the amenities is not granted.
7. Section 19 of the Act is extracted hereunder for ready
reference;
“19. All sums assessed by the association as the
share of the common expenses chargeable to any apartment
shall, constitute a charge on such apartment, subject to the
prior claim, if any,-
(i) of the Government in respect of land revenue or
any money recoverable as land revenue;
(ii) of any local authority in respect of tax or other
assessment; and
(iii) of the mortgage, in respect of all sums unpaid.”
Therefore the association does not have any jurisdiction whatsoever to cut the
water or to deny the car parking.
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8. I have considered the said submission.
9. There can be no quarrel over the proposition that the powers
of the second respondent association have to be tested with reference to the
Apartment Ownership Act, 2022 and the judgment of this Court in Cosmos
Tower Owners Association (cited supra) has also to be considered. But the
question is that if the complaint of the petitioners is that the second
respondent association is acting beyond its powers then the remedy has to be
granted before which forum. Eventhough the apartment owner association is
registered as a society under the Tamil Nadu Societies Registration Act, in my
view, under Section 36 of the said Act, eventhough the Registrar can go into
the affairs of the society, and whether they are working as per the Rules and
consider such forms that are filed before the Registrar, the Registrar cannot
injunct the office bearers of the association from doing the particular Acts. It
is for the petitioner to approach the Civil Court and get an order of injunction.
No doubt the supply of water is an essential. Only considering the fact that
the supply of water is an essential thing for the very existence of the
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petitioners inside the premises, until the petitioners approach the Civil Court,
this Court is inclined to grant interim relief to the petitioners. Therefore the
petitioners will be entitled to approach the appropriate Civil Court including
the reliefs of declaring the particular provision of the by-law as incorrect and
unconstitutional etc and shall seek interim relief as against the respondents 2
to 5. It is for the Civil Court to grant such orders including the interim order.
Only to enable the petitioners to approach Civil Court, this Court is granting
an interim order restraining the respondents 2 to 5 not to effect the
disconnection of water supply for a period of 20 days from the date of receipt
of the web copy of the order and it is for the petitioner to work out the
remedies in between.
10. Accordingly this Writ Petition is disposed of on the
following terms;
(i) Giving liberty to the petitioners and such other
apartment owners to approach the appropriate Civil forum as
against the respondents 2 to 5 for such remedies as may be
permissible under law, this Writ Petition is disposed of.
However for a period of 20 days from the date of uploading of
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the web copy of this order, the respondents 2 to 5 or their
persons are restrained with reference to car parking or
withdrawing any other amenities and it is for the petitioners to
pray for such interim relief before the appropriate Civil Court
and after 20 days, the rights of the parties will be dependent on
the order that are passed by the jurisdictional Civil Court in the
manner known to law.
(ii) No costs. Consequently, connected Miscellaneous
Petition is closed.
04.04.2025
(½)
Neutral Citation : No
dna
Note: Issue order copy on 08.04.2025
To
The Registrar of Societies
Chennai Central
Bharathi Salai
Chennai 600 014.
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D.BHARATHA CHAKRAVARTHY, J.
dna
and
(½)
04.04.2025
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