The Hindu : Tamil Nadu / Chennai News : Petition of flat owners association dismissed

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Monday, Jun 22, 2009
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Tamil Nadu - Chennai

Petition of flat owners association dismissed

Special Correspondent

“Metrowater has right to disconnect water supply”

CHENNAI: The Madras High Court on Thursday dismissed a petition by flat owners association here seeking to forbear Metrowater from disconnecting the water and sewerage connections to the flats for non-payment of arrears of water and sewerage tax and water charges by two flat owners.

In his order, Justice N.Paul Vasanthakumar said the prayer sought for in the writ petition was contrary to the statutory provisions and the same was not maintainable at all.

Cosmo Towers Owners Association on Dr.Thomas Road, T.Nagar, in the petition submitted that it had 30 members. While purchasing, the members had paid separate deposits for water and sewerage connections to the Chennai Metropolitan Water Supply and Sewerage Board and each flat had been assessed to water and sewerage tax and water charges. All members had fully paid the tax and water charges payable upto March 31. The petitioner said the board was threatening the association that it was going to disconnect the water and sewerage connections for the entire apartments on the ground that two flats were in arrears of the charges. The two flats were not members of the petitioner association and they had been disqualified from becoming members due to their commercial activities contravening the bye-laws of the association.

The owner of one of the two flats said the flat was not used for commercial purposes at all. The association had disconnected water supply to the flat. In his order, the Judge cited the Tamil Nadu Apartment Ownership Act and said it is illegal on the part of the association for not permitting the two flat-owners to become members. Moreover, disconnecting the water supply to a flat was illegal as it was interference in enjoying a common facility. The Judge said the association was not entitled to disconnect water supply. It could only take steps to recover the amount payable to Metrowater.

The Chennai Metropolitan Water Supply and Sewerage Act lay down that if an owner or occupier failed to pay within due time any money due to the board, the water supply could be cut off. The board was vested with a statutory right to cut off water supply, the court said.

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