ENARC APARTMENTS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY THOMSON AGED 37 YEARS ENARC APARTMENTS MARAR ROAD THRISSUR Vs. SUB INSPECTOR OF POLICE THRISSUR TOWN EAST POLICE STATION THRISSUR

JUDGEMENT

(1.) THE petitioner, Enarc Apartments Owners Association complained that during Thrissur Pooram festival, the 4th respondent who is the builder has issued passes to strangers to view the fire works from the terrace of the apartment complex. THE apartment complex is an eight storied building. According to the petitioner, the terrace is also owned by the property owners. THE builder has no additional right in respect of the building since the builder has already sold his rights in the property to various apartment owners.

(2.) THE 4th respondent has filed a counter affidavit. According to the 4th respondent, they own nine apartments including 10 pent houses. THErefore they are also apartment owners who are entitled to use the terrace portion of the building with an undertaking that, they are not issuing any passes as alleged and that they would use the terrace only to watch the fire works in the company of their relatives. THEy insist that petitioner shall also not issue passes to outsiders. Petitioner is agreeable to the said condition.