(1.) The writ on hand has been instituted challenging the order passed by the first respondent in proceedings dtd. 24/6/2016. PETITIONER'S CASE:
(2.) The petitioner is Ankur Grand Owners Association, registered under the Tamil Nadu Societies Registration Act, 1975. The petitioner-Association is the Flat Owners Association and the Bye-Laws of the Association was registered before the Competent Authority under the Tamil Nadu Societies Registration Act, 1975. In the year 2009, the Apartment Builder Constructed the building consisting of 60 apartments at Door No.252 and 254, EVR Periyar High Road, Kilpauk, Chennai-600 010. The Corpus Fund was collected at the rate of Rs.25.00 per square feet from all the 60 flat owners and the said amount was handed over to the petitionerAssociation by the builder after registration of the petitioner-Association.
(3.) On 9/5/2010, the Committee members of the petitioner- Association passed a resolution enhancing Corpus Fund from Rs.25.00 per sq.ft., to Rs.40.00 per sq.ft. The Resolution was approved by the General Body to enhance the Corpus Fund from Rs.40.00 per sq.ft., to Rs.50.00 per sq.ft or.1% of the sale value of the flat, whichever is higher. The said Resolution was passed by the General Body on 19/9/2011.