Parties in a civil dispute must pursue remedies within statutory frameworks, avoiding unwarranted police intervention.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 18^TH DAY OF JUNE 2024 / 28TH JYAISHTA, 1946 WP(C) NO. 1783 OF 2024 PETITIONER:

DD GOLDEN GATE APARTMENT OWNERS ASSOCIATION DD GOLDEN GATE, THUTHIYOOR, PALACHUVADU ROAD, PALACHUVADU, KAKKANAD P.O, KOCHI - REP BY IT'S SECRETARY CHERIYAN THOMAS FLAT NO 609 H, PIN - 682030 BY ADVS.

M.P.ASHOK KUMAR BINDU SREEDHAR ASIF N RESPONDENTS:

1 STATE POLICE CHIEF KERALA STATE POLICE HEADQUARTERS VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010

2 STATION HOUSE OFFICER TRIKKAKARA POLICE STATION, TRIKKAKARA KOCHI, PIN -

682030

3* MOHAMMED SHAFEEK T A

101 P, TOWER 1 DD GOLDEN GATE, THUTHIYOOR, PALACHUVADU ROAD, PALACHUVADU, KAKKANAD P.O, KOCHI – 682030.

*(Addnl.R3 is impleaded as per order dated 18.06.2024 in I.A.No.1 of 2024 in WPC)

MUHAMMED FIRDOUZ A.V.

SMT. REKHA C.NAIR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

18.06.2024, ALONG WITH WP(C).7742/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 18^TH DAY OF JUNE 2024 / 28TH JYAISHTA, 1946 WP(C) NO. 7742 OF 2024 PETITIONER:

MUHAMMED SHAFEEK AGED 35 YEARS

101 P, TOWER 1, DD GOLDEN GATE, MLA ROAD, PALACHOD, KAKKANAD, ERNAKULAM, PIN - 682030 BY ADVS.

MUHAMMED FIRDOUZ A.V.

AKHIL PHILIP MANITHOTTIYIL M.P.SHAMEEM AHAMED LIBIN VARGHESE RESPONDENTS:

1 ACCOMMODATION CONTROLLER ACCOMMODATION CONTROLLER KANAYANNUR TALUK, ERNAKULAM DISTRICT, KERALA REPRESENTED BY : THAHASILDAR, KANAYANNUR TALUK X79J+H97, KANAYANNUR, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE, KOCHI, KERALA, PIN - 682011

2 VILLAGE OFFICER VAZHAKKALA VILLAGE, 28CM+FH5,NGO QUARTERS, VAZHAKKALA, KOCHI, KAKKANAD, KERALA, PIN - 682021

3 ASSISTANT COMMISSIONER OF POLICE OFFICE AT ASSISTANT POLICE COMMISSIONER OFFICE, 28CW+957, THRIKKAKARA, KAKKANAD, ERNAKULAM, KERALA, PIN - 682021

4 ARAVIND BABU AGED 60 YEARS PRESIDENT DDGG RESIDENCE ASSOCIATION, RESIDING AT 605 G, GOLDEN GATE APARTMENT, PALACHUVADU, KAKKANAD, ERNAKULAM, PIN - 682030

5 CHERIYAN THOMAS AGED 60 YEARS SECRETORY, DDGG RESIDENCE ASSOCIATION FLAT NO.609 H, DD GOLDEN GATE, MLA ROAD, PALACHUVADU, KAKKANAD, ERNAKULAM, PIN – 682030

6 STATE OF KERALA REPRESENTED BY HOME SECRETARY ROOM NO 357(A), FIRST FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANDHAPURAM., PIN - 695001

7* PRIYA SIRIAK.A D/O SIRIAK, ARATTUKULAM HOUSE, 25 / 1377, VARU VAIDYAR ROAD, NASRAT , ERNAKULAM, KERALA, KOCHI - 682002 (ADDL.R7 IS IMPLEADED AS PER THE ORDER DTD. 27.3.24 IN IA 1/2024 IN THE WPC)

BY ADVS.

M P ASHOK KUMAR BINDU SREEDHAR(K/000317/2002)

ASIF N(K/001564/2018)

FRANCIS K.V.

PRAVITHA T.

SMT.REKHA C.NAIR – SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

18.06.2024, ALONG WITH WP(C).1783/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Among the afore two writ petitions being considered together, W.P(C)No.7742 of 2024 has been filed by Sri.Muhammed Shafeek, who is stated to be a tenant of an Apartment in a complex by name “DD Golden Gate”; while, W.P(C)No.1783 of 2024 has been filed by the Association of Owners of the afore Apartment, calling themselves “DD Golden Gate Apartment Owners Association” (“Association” for short).

2. Essentially, the controversy between the parties is as to the payment of monthly maintenance charges to the “Association” by Sri.Muhammed Shafeek, which the “Association” maintains is liable to be done by him; and it transpires that, on account of disputations that such payments have been defaulted, certain amenities to the Apartment of the latter was interdicted by the former, including electricity and water supply.

3. While Sri.Muhammed Shafeek maintains that he has been paying all requisite charges to the owner of his Apartment - the 7^th respondent in W.P(C)No.7742 of 2024; the “Association” alleges that such amounts had never reached them and that the afore said parties are now colluding with each other.

4. The afore situation has now reached a scenario