T.S.RAMAKRISHNAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this Writ Petition, the petitioners are seeking a Writ of Certiorari calling for records relating to and in connection with the undated common order passed in I.A.No.13 of 2025 in O.P.No.02 of 2025 and in I.A.No.23 of 2025 in O.P.No.07 of 2025 on the file of the Cooperative Tribunal at Hyderabad and to quash or set aside the same holding it as non-est, illegal, irrational and arbitrary and without jurisdiction and also as contrary to law and as being in violation of Sec. 37(1) of the Telangana Mutually Aided Cooperative Societies Act, 1995 and consequently to direct the respondents to follow the 'per square foot' model or 'flat size prorata basis' model for payment of common area maintenance charges as already approved by the respondent cooperative society and to pass such other order or orders.

(2.) Brief facts leading to the filing of the present Writ Petition are that the petitioners who are 140 in number are all purchasers of the flats of different extents in a multi-storied residential complex namely 'Jains Balaji Nilayam Casa Waterside' situated in Survey No.228 (old Survey No.44/1 & 44/2) at Safilguda, Malkajgiri, Medchal-Malkajgiri District through various registered sale deeds. According to the petitioners, the sale deeds recited that maintenance amount was being collected by the developer M/s. Jain Constructions at the rate of Rs.48.00 per square foot per annum based on flat size and also recited the obligation of the purchasers to have a residential association and to observe its rules and bye-laws. It is stated that the residential complex comprises of 5 blocks of flats known as A, B, C, D & E and each block consisted of 104 flats totalling to 520 flats with 16 variant extents ranging from 1330 square feet (sft.) to 2635 sft., being 2, 3 and 4 bedroom flats. It is submitted that the developer maintained the complex till September, 2024 and thereafter, the flat owners including the petitioners, formed a society by name JBN Casa Waterside Flat Owners Mutually Aided Cooperative Maintenance Society Limited and registered the same with registration No.TG/MLKG/MACS/2024-62/FOW&M issued by the Registrar-cum- District Cooperative officer, Medchal-Malkajgiri District. An Ad hoc Committee was also appointed by respondent No.3 authority and the bye-laws of the society were also framed and registered. The required quorum of the General Body meeting as per the bye-laws is 1/3rd of the total members.

(3.) According to the petitioners, on 1/9/2024 the first General Body meeting was conducted and all the flat owners of the said residential complex paid the common area maintenance charges at Rs.4.00 per square foot per month based on the flat size for two quarters period, i.e., 6 months period covering the period from October, 2024 to March, 2025. Thereafter, on 3/11/2024, the second General Body meeting was held and a 25 Member Committee was approved to be formed who were all members of different flat sizes to work and analyse the common area maintenance model and the Committee submitted its report on 8/12/2024 recommending hybrid model by dividing the common area maintenance into two components, (i) building expenses based on flat size; and (ii) other common expenses equally/uniformly by all the flat owners. It is submitted that on 15/12/2024, the third General Body meeting was held and the members of the General Body proceeded to physical voting process and all the members were required to opt for one out of three models, i.e., (1) Hybrid model proposed by the Board of Directors of the society, (2) Per square foot model proposed by the Board of Directors of the society and (3) Hybrid model proposed by the common area maintenance Committee. A total of 129 members out of 342 registered members attended the meeting and it was more than 1/3rd of the General Body members, i.e., the required quorum. 37 votes proposed the Hybrid model and 70 votes proposed the 'per square foot' model and 20 votes proposed the common area committee hybrid model and 2 votes remained invalid. Therefore, the Cooperative Maintenance Society Limited proposed 'Per square foot' model for common area maintenance charges.