• Tamil Nadu flat ownership Society/Association in mess

In my society in Anna Nagar East, Chennai - no one is abiding to the rules laid down under Tamil Nadu Apartment ownership act. So couple of years back District registrar has cancelled the registration of Society for violation of few sections(like office bearers not conducting AGM/Accounts not maintained, not following rules as per article of association) under Tamil Nadu apartment ownership act and society act. 
Prior to this in 1994, Tamil Nadu high court delivered judgement pertaining specific to my society that no individual can encroach upon common areas including kitchen garden and flowing pots in common area. Now no flat occupant respects this verdict. some flat occupants have constructed additional rooms, shelters, Homeo clinic, Gym, big garden obstructing ways etc. When questioned, these perpetrators blatantly reply that 1994 high court judgement is redundant. 
Please advice me on below points.
1. Is Tamil Nadu high court judgement in year 1994 is Redundant??
2. Has Tamil Nadu District Registrar do not have authority to appoint an administrator to look after the society after the cancellation of Registration of our society?
3. Does District Registrar have authority to re-register half of our colony with same persons coming back as office-bearers and also few flat occupants continuing to violate norms by doing illegal activities as stated above??
4. Some commercial activities like Homeopathy clinic with Quackery doctors - Patients freely roaming around in common areas and peeing into our flats causing nuisance and prohibiting our privacy. Agreement of Sale of Flat and by-laws of article of association strictly specifies purely for residential purpose only. On which section as per our land of law these can be complaint??
Asked 14 days ago in Civil Law from Chennai, Tamil Nadu

1. No it is not. You may again approach the HC in light of 1994 judgment.

2. He has the power 

3. No he does have that authority 

4.  For illegal construction you may approach the development authority who has sanctioned the map.

 

regards

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

NO and still effective, file contempt for violation. When the cancellation of the registration of a society takes effect, the society shall cease to exist as a corporate body, but shall vest in the liquidator/Official Assignee. Once liquidation process is over, no jurisdiction of registrar. 

Any 10 members can form the society.

For creating nuisance and peeing, call the police and agasint commercial activities, complain to municipality office.

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

HC judgment  is not redundant

 

2) adminstrator cannot  be appointed by registrar when registration has been cancelled 

 

3) doctor can use part of residence for their practice . it does not amount to commercial usage 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

1. No it's effective unless overuled by higher bench or supreme Court. 

2. Yes it has authority. 

3. Yes it has authority. 

4.you can complaint the same to day registrar.  You can also go against said society at consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

1. You can apply for demolition of the unauthorised contribution by lodging complaint with the Municipal authority. If the Municipality refuses to act upon your complaint , you can file writ petition.

2. Well, it can manage only the society and not the illegal structures constructed by its members.

3. The Registrar can not supersede the society bye laws.

4. Lodge complaint with the Registrar. 

Devajyoti Barman
Advocate, Kolkata
16928 Answers
240 Consultations

5.0 on 5.0

1. No, the said Judgement is not redundant. No Judgement is redundant, they get repealed.

 

2. The registration of the society has already bee cancelled. So, there is no Society as such now. Administrator can certainly be appointed by the Registrar now.

 

3. Registrar can register a society of the members of the same flats afresh on receipt of fresh application.

 

4. You shall have to lodge a complaint for such illegal activities in side the society before te police and the Municipal Authorities.

 

5. If no remedial action is taken by the above authorities, you should file a Writ Petition before the High Court against those Govt. Authorities for their inaction praying for an order upon them to investigate and actr as per law based on teh said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
22069 Answers
572 Consultations

5.0 on 5.0

It is absurd that the high court judgment will become redundant, it may be their own imagination hence you may file a contempt of court petition against the violators.

2. They can but who asked for it, did the members who were affected had ever applied for this facility till such time there was a fresh election t the society?

3. No such rule can be enforced, the society is common for all the members, if somebody do not want to join then they may not be having any rights in the society 

4. You can make a complaint against all those people who are illegally indulging in such activities and creating nuisance to the fell;ow embers befor the local civic body, signed buy all the aggrieved members.

The local civic body will initiate action on such issues

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

Dear Client 

  1. If there is some other judgement passed on same matter by high court of Tamil Nadu or Any supreme Court judgement to over come this judgement then the judgement of 1994 becomes redundant. 
  2. Yes district Registrar can appoint administrator for society affairs till new election or if there is some order from court. 
  3. Yes Registrar of society have power to appoint new association with same office bearers.
  4. A office of professionals does not comes under commercial activities. But you can complaint for nuisance caused by patients of the doctor to police

 

you can file a civil case for issuing injections to remove illegal encroachment of common areas by some flat owners. 

 

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer