Disposed

Voyager Apartment Pre Owners Association v. the Karnataka Power Transmission Corporation Ltd.

Karnataka HC13 Mar 2024WP/28583/2023

Case brief

AI extract

What is this about?

Purchasers claiming possession of apartment flats under an agreement of sale challenged notices threatening disconnection of temporary power and water connections. The court directed the Assistant Executive Engineer to consider their representation for permanent connections within three months, allowed them to apply for a permanent water connection, and restrained disconnection meanwhile on paymen

What did the court decide?

Respondent No.4 directed to consider representation for permanent power connection within three months; liberty to apply for permanent water connection; no disconnection of temporary supplies meanwhil

Voyager Apartment Pre Owners Association Vs the… — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:10229 WP No. 28583 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 28583 OF 2023 (GM-KEB)

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BETWEEN:

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VOYAGER APARTMENT PRE-OWNERS ASSOCIATION MOODANIDAMBOOR VILLAGE, OPP: GOVERNMENT HIGH SCHOOL, UDUPI-576 101, REP. BY ITS PRESIDENT, SRI. GIRISH AITHAL, S/O. LATE B.K. AITHAL, AGED ABOUT 50 YEARS. (NOT A REGISTERED COMPANY)

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SMT. NAZIMA BANU W/O. M. FAYAZ AHAMED, AGED ABOUT 49 YEARS, R/AT APARTMENT NO.302, 3RD FLOOR, VOYAGER, MOODANIDAMBOOR VILLAGE, UDUPI-576 101.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH 3. FLAVIA D'SOUZA COURT OFKARNATAKA W/O. FELIX B D'SOUZA, AGED ABOUT 57 YEARS, R/AT DOOR NO. 9-43, SORPU HOUSE, SHIRVA VILLAGE AND POST, KAPU TALUK, UDUPI DISTRICT.

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PETITIONER NOS.2 AND 3 ARE REP. BY HER PA HOLDER, ADAM PASHA ISMAIL, S/O. P.J. ISMAIL, AGED ABOUT 41 YEARS

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2 - NC: 2024:KHC:10229 WP No. 28583 of 2023

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SRI. GIRISH AITHAL S/O. LATE B.K. AITHAL, AGED ABOUT 50 YEARS, R/AT APARTMENT NO.201, 2ND FLOOR, 'VOYAGER', MOODANIDAMBOOR VILLAGE, UDUPI-576 101.

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…PETITIONERS

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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AND:

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THE KARNATAKA POWER TRANSMISSION CORPORATION LTD., SHAKTHI BHAVAN, RACE COURSE ROAD, BENGALURU-560 001, REP. BY ITS MANAGING DIRECTOR.

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MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED MESCOM BHAVAN, KAVOOR CROSS ROAD, BEJAI, MANGALURU, D.K. DISTRICT-575 004, REP. BY ITS MANAGING DIRECTOR.

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THE EXECUTIVE ENGINEER MESCOM, WORKS AND MAINTENANCE DIVISION, MARUTI VIDHIKA, UDUPI-576 101.

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THE ASSISTANT EXECUTIVE ENGINEER MESCOM, WORKS AND MAINTENANCE SUB-DIVISION, MARUTI VIDHIKA, UDUPI-576 101.

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THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-575 104.

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THE COMMISSIONER TOWN MUNICIPALITY, UDUPI-576 101.

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NC: 2024:KHC:10229 WP No. 28583 of 2023

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AMRITH SHENOY P S/O. LATE DR. ANANTH SHENOY, AGED ABOUT 49 YEARS, R/AT 'ANANTH', RANGANATH SHENOY COMPOUND, BOLAKADU, UDUPI-576 101.

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…RESPONDENTS

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(BY SRI. H.V. DEVARAJU, ADVOCATE FOR R1; SRI S.R. KHAMROZ KHAN, AGA FOR R5; SRI T.I ABDULLA, ADVOCATE FOR R6; SRI S.K. ACHARYA, ADVOCATE FOR R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 08/12/2023 ISSUED BY THE R3 VIDE NO. KaNilm (Vi)/UvVi/SaKalm (Ka)/KiAaSa/Ka-3/2023-24 / 7507-08 VIDE ANNEXURE-A; DIRECTING THE R3 AND R4 TO CONSIDER THE REPRESENTATION DATED 08/12/2023 SUBMITTED BY THE 1ST PETITIONER AND TO TAKE ACTION IN ACCORDANCE WITH LAW VIDE ANNEXURE-B AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners assert that the respondent No.7 having failed to repay the loan amount borrowed from the Canara Bank entered into an agreement of sale with the petitioners agreeing to convey the flats/commercial units in Voyager Apartment. Under the said agreement, the petitioners assert that they have paid the substantial amount to the respondent No.7, and they were put in possession of the flats/commercial units. The electricity was supplied to the flats/commercial units, in which, the petitioners claimed to be in possession under a temporary connection, which was provided for the purpose of construction of the multistoried

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NC: 2024:KHC:10229 WP No. 28583 of 2023

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building, and also water supply under a temporary connection for construction of multistoried building.

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On the complaint filed by the respondent No.7, the respondent - MESCOM issued a communication calling upon the petitioners to obtain permanent connection, failing which, temporary connection will be disconnected. Similarly, the responded No.6 disconnected the water supply to the flats/commercial units stating that the petitioners having not obtained permanent water supply connection. The respondent No.7 has admitted the possession of the petitioners over the subject flat/commercial units, and multiple suits and complaints are pending between the petitioners and the respondent No.7 before various courts of law. Whether the petitioners are in lawful possession of the subject flats/commercial unit is a matter, which requires to be adjudicated by the jurisdictional civil court in the pending suits between the parties.

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Admittedly, the power and water supplies were provided to the subject flats/commercial units under a temporary connection sanctioned for construction of the multistoried building. Therefore, the petitioners are under an obligation to obtain permanent power and water supplies connection from the competent authorities. The petitioners' grievance is that the representation submitted with the competent authorities for sanctioning of permanent power and water supply connections is not considered as of today

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NC: 2024:KHC:10229 WP No. 28583 of 2023

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The learned counsel for the competent authorities submit that the representation submitted by the petitioners will be considered in accordance with law, if reasonable time is granted.

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Therefore, it is expedient to dispose of the petition directing the respondent No.4 to consider the representation dated 7.12.2023 submitted by the petitioners at an Annexure-B, and also the application submitted in the prescribed form in light of the interim order granted by this Court and pass appropriate order in accordance with law within a period of three months from the date of receipt of certified copy of this order.

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Liberty is reserved with the petitioners to submit an application in prescribed form with the respondent No.6 for providing permanent water supply connection to the subject flats/ commercial units

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Till consideration of the application to be submitted by the petitioners, no further steps will be taken for disconnecting the temporary power and water supplies connections to the subject flats/commercial units subject to petitioners paying advanced consumption charges towards water and power supplies.

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Sd/JUDGE

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BKM

Voyager Apartment Pre Owners Association v. the Karnataka Power Transmission Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Voyager Apartment Pre Owners Association v. the Karnataka Power Transmission Corporation Ltd.

Case brief

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What did the court decide?

What the court decided

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