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2024 Supreme(Telangana) 1077
IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD
B. Vijaysen Reddy, J
Ch. Hari Govinda Khorana Reddy - Petitioner
Versus
State of Telangana & others - Respondents
Writ Petition No.10208 of 2024
Decided On : 31-12-2024
For the Petitioner: Sri K. Muralidhar Reddy
For the Respondent: Sri S.V.S. Chowdary, Government Pleader
The court affirmed the necessity for gated communities to establish internal management protocols ensuring compliance with laws and community safety due to rising illegal activities.
Headnote:(A) Telangana Gaming Act, 1974 - Sections 3 and 4 - Hyderabad City Police Act, 1348 F - Telangana Excise Rules, 2005 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Immoral Traffic (Prevention) Act, 1956 - Writ petition filed against police inaction on complaints about illegal activities in a gated community’s clubhouse. Court directed the association to manage and curb illegal activities and constitute a sub-committee for monitoring. (Paras 1, 26)
(B) The Court emphasized that a gated community has inherent rules for safety, warranting effective monitoring to maintain peace. The respondent association must take complaints seriously and foster an environment conducive to lawful conduct. (Paras 21, 25)
Facts of the case:
The petitioner, a resident of the gated community, claimed persistent illegal activities including gambling, drug use, and public safety threats occurring in the clubhouse. Complaints lodged to police and association remained unaddressed, raising concerns for community safety. (Paras 5, 6)
Findings of Court:
The court ruled that the association must take preventive measures against illegal activities, maintain decorum, and form oversight groups for effective internal management. (Paras 26)
Issues: The primary issues were the accountability of the respondent association in managing clubhouse activities and the adequacy of police actions regarding reported illegal activities. (Paras 10, 11)
Ratio Decidendi: The Court held that the petitioner’s concerns were legitimate, highlighting the necessity for the association to have stringent oversight mechanisms due to the community's closed nature, which fosters legal and social obligations to its residents. (Paras 21, 24)
Result: Writ petition disposed of with directions to the association to implement action plans for maintaining lawful conduct. No order as to costs.
| Table of Content |
|---|
| 1. background of petitioner’s complaints against illegal activities. (Para 1 , 2 , 3) |
| 2. description of ongoing illegal activities in clubhouse. (Para 4 , 5 , 9) |
| 3. petitioner's grievances regarding police inaction. (Para 6 , 7 , 8 , 10) |
| 4. court’s directives and observations on community management. (Para 12 , 13 , 15) |
| 5. final orders and directions to the association. (Para 26) |
ORDER :
B. Vijaysen Reddy, J
This writ petition is filed aggrieved by the action of respondents Police in not acting upon petitioner’s complaints dated 15.07.2022, 07.12.2023 and 27.01.2024 made through Telephone, Whatsapp and written, regarding illegal activities such as gambling, consumption of liquor including drugs and other activities taking place in the Clubhouse of respondent No.9 - Indu Fortune Fields Villa Owners Association, as being illegal, arbitrary and contrary to the Sections 3 and 4 of the Telangana Gaming Act 1974, Rule 4 and 7 of the Telangana Excise Rules 2005 and Telangana Excise Act 1968, provisions of Narcotic Drug and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and provisions of Immoral Traffic (Prevention) Act, 1956.
2. It is submitted that there are three hundred and seventy six (376) villas in gated community by name Indu Fortune Fields Villas (Orchids and Meadows) (for short ‘gated community’) situated in an extent of Acs.65-00 guntas in Survey No.1009 of Kukatpally Village, Balanagar Mandal, Medchal-Malkajgiri District. The gated community was constructed by M/s. Cyberabad Hitech Integrated Township Development Corporation Private Limited (CHIDCO Pvt. Ltd.) by entering into agreement with Andhra Pradesh State Housing Board (APHB) for development of aforesaid land. The developer has provided many amenities like Tennis Court, swimming pool along with Clubhouse in the gated community. The Clubhouse was constructed in a plot area of 2,170 square meters which consists of gymnasium, Yoga room, library/reading room, conference hall, canteen, 11 separate rooms to the guests of residents of all villa owners (on rent basis).
3. It is stated that petitioner purchased a villa bearing No.41 admeasuring 325 square yards by registered sale deed bearing document No.5322 of 2015 dated 26.06.2015. Since then he had been staying in the said villa by paying all the requisite charges to the Municipal, Electricity Department including maintenance charges to respondent No.9 from time to time. The villa owners have formed association under the name and style of Indu Fortune Fields Villa Owners Association i.e., respondent No.9 (for short ‘Association’) vide registration No.157 of 2009 dated 31.01.2009. As per the Bye laws of the Association, respondent No.9 has to deal with the maintenance of common areas of 376 villas like maintaining cleanliness, arranging water facilities, maintenance of Clubhouse and cultural centre situated in the premises of gated community. Further, as per the Memorandum of Association and Bye laws of Association, there will be an elected Executive Committee for a period of two (2) years who are responsible for maintaining the amenities, Clubhouse etc. As per Article 2 of the Byelaws in Clause 19.22, the Executive Committee of respondent No.9 is competent to take steps either suo moto or on receipt of any written complaint from the residents/occupants of villa owners with regard to any objectionable activities that are repugnant to the general decency/morals of the members/nominal members of the Association to prevent the same.
4. It is submitted that during COVID - 19 in the year 2020, when lock down was imposed, life of the citizens has come to stand still. At that time, some of the villa owners used to meet everyday in the Clubhouse for chitchatting. Subsequently, they started playing cards, consuming liquor and started doing other illegal activities in the Clubhouse. As the respondent No.9 association did not raise any objections the said members continued such activities everyday and caused disturban
