Telangana High Court
Ch. Hari Govinda Khorana Reddy, vs The State Of Telangana, on 31 December, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.10208 OF 2024
ORDER :
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
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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
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‘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
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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 disturbances and insecurity to all residents in
the gated community; petitioner and other residents requested the
President of respondent No.9 Association to take immediate action
for preventing illegal activities such as playing cards, consumption
of liquor, etc., in the Clubhouse. They have also conveyed the
message through Whatsapp to respondent No.9 – Association. That
instead of taking action, respondent No.9 sought for legal opinion
on the issue. The concerned advocate gave legal opinion stating that
in the absence of any permission from the Police, playing cards in
the Clubhouse is not permissible and without obtaining any license
from the concerned Excise Department, consumption of liquor in
the Clubhouse is also not permissible. It is further categorically
stated by the said advocate that the Clubhouse in a gated community
is meant for providing recreational activities to the villa owners but
the same cannot be used for any other purpose especially for illegal
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activities and also stated that the Association is bound to maintain
the decency and decorum of the Clubhouse of the gated community.
5. It is submitted that after lifting lockdown in the year 2021,
several members started playing cards, consuming liquor and
continued illegal activities including the consumption of drugs by
their siblings and children. Further, there was human trafficking in
the rooms of the Clubhouse during the night hours. Such illegal
activities made adverse psychological impact on the children,
women, youth and families residing in the villas.
6. It is submitted that the petitioner requested respondent No.9
to take necessary action on such illegal activities. But respondent
No.9 did not take any action. In the circumstances, petitioner
lodged a complaint dated 15.07.2022 to respondent No.4 – the
Commissioner of Police, Cyberabad, through his mobile phone and
requested him to take immediate action. In pursuance of the same,
respondent No.4 instructed respondent Nos.5 to 7 to inspect the
Clubhouse. Accordingly, on 15.07.2022 respondent No.7 – the
Station House Officer, Kukatpally Housing Board Police Station,
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through his officer in-charge of patrolling duties came to the
Clubhouse in the evening hours at 08:15 P.M. Immediately, the
staff of respondent No.7 came to the Clubhouse and enquired in the
reception. In the meanwhile, all the persons who are playing cards
and consuming liquor removed all the evidences and stood at the
entrance of the Clubhouse and enquired the name of the person who
made complaint. They came to know that petitioner lodged
complaint, thereafter the team of Police inspected the rooms and
came to know that no illegal activities have taken place in the
Clubhouse. Subsequently, the persons who were playing cards and
doing illegal activities mobilized the people in the presence of
Police and attacked the petitioner with sticks, knuckles and revolver
and tried to kill him and with great difficulty, petitioner escaped
from the situation.
7. It is submitted that there was no response from the Police on
the occurrence of the incident and to ascertain the same, petitioner
filed an application under Section 6(1) of the Right to Information
Act 2005 (for short ‘Act 2005’) and information was sought about
the status of incident happened on 15.07.2022. Thereupon, on
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02.01.2023 respondent No.7 replied him stating that after receipt of
complaint, the patrolling staff of respondent No.7 deputed one
Mr. Sandeep, Sub-Inspector of Police, to visit the gated
communnity. After inspection, they found some residents of the
gated community who were partying, they thoroughly checked the
Clubhouse premises, but they found nothing suspicious regarding
gambling. It is stated that without giving any information of the
said inspection, the Police gave a vague and baseless report in order
to protect the interest of villa members.
8. It is submitted that on 23.02.2023 petitioner filed an
application under Section 6(1) of the Act 2005 to respondent No.6 –
the District Prohibition and Excise Officer, Medchal-Malkajgiri
District, seeking information whether permission was granted for
consumption of liquor in the Clubhouse on 15.07.2022. On
15.03.2023, respondent No.8 – the Prohibition and Excise Inspector,
Balanagar, furnished information stating that no permission was
granted and further stated that permission is certainly required for
consumption of liquor in the Clubhouse situated in the gated
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community. Thus, the alleged report submitted by the
Sub-Inspector of Police, KPHB Police Station is illegal.
9. It is submitted that even after the inspection of Police and
patrolling staff, the illegal activities continued. On 20.03.2023,
petitioner lodged a complaint with respondent No.9 requesting them
to take necessary action, but there was no positive action. Again on
07.12.2023, a written complaint was sent through speed post to
respondent Nos.1 to 6 narrating about all the illegal activities taking
place in the Clubhouse of the gated community, but there was no
action. Petitioner came to know that respondent Nos.1 to 6 received
complaint on 11.12.2023, but to no avail. The Police failed to take
action in accordance with law, though accused persons have
committed cognizable offences.
10. It is submitted that on 27.01.2024 petitioner made another
complaint to Special Operations Team (SOT), Balanagar, through
his mobile phone and also by Whatsapp. The SOT raided the
Clubhouse on the same day and have taken fifteen (15) persons into
the custody who were playing cards, consuming liquor in the
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Clubhouse. All the 15 persons, were taken to KPHB Police Station.
However, no information was given to the petitioner whether any
crime has been registered. On 06.03.2024, petitioner submitted
application under Section 6(1) of the Act 2005 to respondent No.7
seeking information. In reply to that on 26.03.2024, respondent
No.7 furnished information stating that required information could
not be furnished in view of the bar under Section 8(1)(j) of the Act
2005.
11. It is submitted that such information sought by the petitioner
has nothing to do with the exemption from disclosure of information
as stated under Section 8(1)(j) of the Act 2005. It clearly shows that
respondent No.7 is hand in glove with persons who have committed
illegal activities in the Clubhouse. The application of the petitioner
was rejected on 03.04.2024 and he preferred an appeal before the
First Appellate Authority i.e., the Assistant Commissioner of Police,
Kukatpally Division, Cyberabad, which is pending.
12. It is submitted that in the above circumstances, having no
other alternative petitioner invoked extraordinary jurisdiction under
Article 226 of the Constitution of India and filed this writ petition.
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13. Upon hearing learned counsel for the petitioner and learned
counsel for respondent No.9, this Court passed the following order
on 15.07.2024:
“Mr. Resu Mahender Reddy, learned Senior Counsel
appearing for respondent No.9 Association, placed on record the
Minutes of the meeting held on 10.07.2024. It is stated that the
Executive Committee has decided to instruct the security
personal of the community to keep track of all activities of the
Club House and report to the Executive Committee about
objectionable activities. Further, the Executive Committee has
decided to monitor the situation on regular basis to ensure that
no objectionable activities take place in the Community
premises.
Learned counsel for the petitioner submitted that the
assurance given by respondent No.9 before this Court on the
basis of Minutes of the meeting held on 10.07.2024 would not be
sufficient and it is necessary that respondent No.9 convenes an
extraordinary General Body Meeting as the Club House is being
used by several members/children in the community for
organizing gaming activities, liquor parties etc., and there are
also instances of consumption of drugs.
In the circumstances, respondent No.9 is directed to convene
extraordinary General Body Meeting within a period of four (04)
weeks from today and discuss/solicit opinion of all the
stakeholders to curb illegal activities such as consumption of
11drugs, and come out with a permanent action plan so as to ensure
that such illegal activities do not recur at future point of time.”
Subsequently, order dated 18.09.2024 was passed recording the
submissions of learned counsel for the petitioner that a
sub-committee comprising of three senior members, two of whom
are ladies, be constituted so as to supervise the activities in the
Clubhouse and ensure that illegal activities are not allowed and
there is supervision on day-to-day basis. It was also recorded that
Mr. S.V.S. Chowdary, learned counsel for respondent No.9, would
give appropriate advice to his client and get back to this Court with
necessary instructions in that regard.
14.1 Learned counsel for respondent No.9 filed counter stating that
pursuant to the order dated 15.07.2024, an Extraordinary General
Body Meeting (EGM) of the Association was conducted on
28.07.2024 and the Association discussed the various issues raised
by the petitioner and resolved as follows:
a) It has been resolved that the Executive Committee shall do all
such acts that are required to be done to ensure that no illegal and
immoral activities are carried out in the community,
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b) It has been resolved that a 3-member committee is to be formed
to look into complaints of any illegal / immoral activities.
c) It has been resolved that ID cards of guests booking Guest
rooms and other facilities are to be collected and recorded.
d) It has been resolved that CC cameras be installed in areas not
being covered at present.
14.2 The above resolutions were passed in the EGM by 102
residents/members of the gated community and Executive
Committee is implementing the said resolutions. Pursuant to the
order dated 18.09.2024 passed by this Court, petitioner has been
claiming that in the gated community he will be appointing a three
member committee who will take over from the duly elected
Executive Committee and subsequently, he would close the
Clubhouse and all the common facilities in the gated community.
Petitioner had been threatening that he would ruin the Association if
his views are not imposed in the Association. Petitioner has
contacted the developer who is the owner of the Clubhouse and
asked him to cancel the lease of the Clubhouse to the Association.
All these actions are causing devastation to the residents of the gated
community.
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14.3 It is submitted that the constitution of sub-committees
should be in line with the Bye-laws of the Association. In any case,
any constituted sub-committee can only have a reporting
responsibility to the Executive Committee and cannot have a
supervisory role over the elected Executive Committee of the
Association. If any additional sub-committee is to be constituted to
look exclusively into the management of the Clubhouse, then such
sub-committee should be an elected one and the petitioner cannot
take over the management through oblique and devious route.
15. Heard Mr. K. Muralidhar Reddy, learned counsel for the
petitioner, Mr. S.V.S. Chowdary, learned counsel for
respondent No.9, Mr. Mahesh Raje, learned Government Pleader for
Home and Mr. E. Ramesh Chandra Goud, learned Government
Pleader for Excise and perused the material on record.
16. During the course of hearing of writ petition, learned counsel
for the petitioner submitted that pursuant to the orders passed by this
Court, the illegal activities in the Clubhouse have come down
substantially. However, there have been instances of youngsters
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who are children of the resident members consuming liquor and
playing cards. Whenever, petitioner brought such activities to the
notice of the Executive Committee, he is being threatened by some
members and residents of the gated community with dire
consequences.
17. Mr. Mahesh Raje, learned Government Pleader for Home,
submitted that it would be difficult for this Court to supervise the
day-to-day activities of the gated community. In the interest and
welfare of the gated community, this Court may issue general
instructions to ensure that no illegal activities take place in the
Clubhouse of the gated community, in future. The Government of
Telangana had been strictly implementing the provisions of the
NDPS Act. The Telangana Anti-Narcotics Bureau (TNCB) has
been keeping vigilance over vulnerable places including the
residential places and the Clubhouses. As and when credible
information is received necessary action is being taken by the
TNCB.
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18. During the course of hearing, learned counsel for the
petitioner submitted that whenever illegal activities in the
Clubhouse are reported to the Police, the security personnel on
coming to know about the surprise checks of the Police are passing
on the information to the members/residents who are illegally using
the Clubhouse. By the time, the Police reach the Clubhouse, the
evidence is wiped out.
19. This Court informed the learned counsel for the petitioner that
it would be difficult for this Court to supervise the activities of the
Clubhouse and give frequent directions to the Police unless any
instance of illegal activity is brought to the notice of this Court by
the Police.
20. Learned counsel for the petitioner submitted that necessary
directions/instructions be issued to respondent No.9 Association to
ensure that there is peace and tranquillity in the Clubhouse and
gated community keeping in view the residents who are senior
citizens, women, teenagers and minors.
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21. This Court has given earnest consideration to the submissions
made by learned counsel for the petitioner, learned counsel for
respondent No.9 and learned Government Pleader for Home. It may
be noted that unlike regular residential colonies which are in open
layouts, a gated community has restricted entry for others/outsiders
except guests. These communities offer round the clock
surveillance, manned entry gates and trained security services. They
have advantages like privacy, safety, eco-friendly environment,
amenities for children and pedestrians, standard lifestyle etc.
The outsiders are not permitted to enter gated communities without
permission. The same is not the situation in open and other
residential colonies. The petitioner who is a practising lawyer and
resident of gated community has approached this Court ventilating
his grievances regarding illegal activities within the gated
community and particularly the Clubhouse. On reading the
averments of the writ affidavit, it cannot be said that petitioner has
approached this Court without any cause and concern. As a matter
of fact, petitioner has also categorically stated in the affidavit that
when SOT Police raided the Clubhouse on 27.01.2024, it was found
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that 15 persons were consuming liquor without permission, which is
not denied by the respondents.
22. It is contended by learned counsel for respondent No.9 that if
a sub-committee is appointed, it has to be formed in accordance
with the Byelaws of the Association. It is relevant to note that it
would not be possible for the entire Executive Committee Members
to take cognizance of activities/nuisance in the clubhouse on
day-to-day basis. In a community of 376 villas, it would rather be
impossible for the Executive Committee to keep a check on the
activities given the other core responsibilities like maintenance of
roads, water, parks and cleanliness etc.
23. Assuming that Byelaws to the Association did not permit the
constitution of the sub-committees, respondent No.9 which is an
elected body is required to come out with a solution before this
Court. The counter of respondent No.9 does not specifically speak
about any action plan to curb the illegal activities pointed out by the
petitioner. It is a desire of a person who owns a house in the gated
community to have a peaceful, decent and dignified life. People
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choose to live in gated community with a fond hope that they will
have peace, harmony, better amenities and facilities like
gymnasium, sports, parks etc.
24. The provisions of the Hyderabad City Police Act, 1348 F, (for
short ‘City Police Act’) regulate public nuisance and safety. The
counsel for the petitioner and respondents have not brought to the
notice of this Court any statute specifically dealing with the
activities of “gated community”. With the ever growing trend of
people aspiring to have better lifestyles and the pace of growth of
the gated communities including the villas and flats, it is appropriate
time for the State to frame specific guidelines and instructions for
their internal management. Though all the communities/flat
associations are governed by the provisions of the Telangana
Apartments (Promotion of Construction and Ownership) Act, 1987
and the sale deeds mandatorily contains clauses relating to
compulsory membership of the association and adherence to the
Byelaws, there is likelihood of situations where due to internal
differences and fear of disrepute illegal activities are not reported
and often ignored. This can be because many of the residents
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belong to rich class having influence with the authorities,
particularly Police. A lone fighter like the petitioner would
naturally find it difficult to face the mighty/majority members.
Further, in a community or association having people of various
walks of life, there are bound to be difference of opinion and
internal disputes like public nuisance, breach of peace and
tranquillity, gaming, unauthorised consumption of alcohol etc.,
which have criminal consequences cannot be addressed by the
provisions of the Telangana Societies Registration Act 2001 and
other statutes like the Cooperative Societies Act 1964.
25. This Court has come across several writ petitions filed
seeking criminal action against the co-residents in villas/apartment
complexes. There are disputes regarding parking, pet dogs,
non-payment of maintenance charges, organizing parties, playing
disc jockey (‘DJ’) and sound system till late hours in the night,
misuse of Clubhouse etc. There are 376 villas in the gated
community and it is not an easy task for respondent No.9 to control
the day-to-day activities of the residents and curb unwanted
activities in the Clubhouse. The Commissioner of Police and other
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Police officials have powers under the provisions of the City Police
Act including the power to pass special orders under Section 22 of
the City Police Act for regulating processions, maintain order in the
streets, public places, regulate music or singing in any street or
public place and also under the provisions of the Hyderabad City
Loudspeaker Rules, 1963, the Hyderabad and Secunderabad (Public
Place of Halt/Peace of Public Entertainment/Amusement) Rules,
2005, Noise Pollution (Regulation and Control) Rules, 2000 and
G.O.Ms.No.172 Environment, Forests, Science and Technology
(ENV) Department dated 12.10.2010.
26. In the above background, the writ petition is disposed of with
following directions:
(i) The respondent No.9 shall forthwith constitute a
Sub-Committee of three members from out of
Executive Committee members. Such members
preferably be senior citizens/women/retired employee-
residents who can spare more time in the gated
community and keep the surveillance at the vulnerable
places like Clubhouse.
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(ii) The respondent No.9 shall provide a
platform/application (‘app’), so that, its members can
send their complaints/messages. The said
platform/application should have separate group to
which, only the sub-committee members have the
access and the complaints/messages need to be sent to
that group. The sub-committee members shall ensure
that identity of the complainant is not disclosed.
(iii) Any such complaints shall be acted immediately and
reported to Executive Committee. If any illegal acts
are noticed, the Sub-Committee shall report to the
concerned Police.
(iv) The respondent No.9 shall frame specific dos and
don’ts for using the Clubhouse of the gated community
warning the member/resident users of stringent
criminal action if the Clubhouse is misused for criminal
activities and if any nuisance is caused.
(v) Respondent No.5 shall issue necessary advisory (dos
and don’ts) to the gated communities/associations/flat
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associations in accordance with the statute / rules
referred to in paragraph No.25 and other related
Government orders to prevent illegal activities,
nuisance etc and also for reporting any crimes.
Respondent No.5 shall also issue necessary instructions
to the concerned Police Station/Task Force/TNCB to
take appropriate action in gated communities /
associations / flat associations whenever incidents of
nuisance or crimes are reported. If possible, separate
software application shall be provided to the concerned
Police Stations for lodging complaints relating to
offences within the gated communities/associations/flat
associations and also for protecting the identity of the
informant / complainant.
As a sequel thereto, miscellaneous applications, if any,
pending in the writ petition stand closed. There shall be no order as
to costs.
______________________
B. VIJAYSEN REDDY, J
December 31, 2024.
MS