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Judgment
Surendra Mohan, J.—The petitioner, Enarc Apartments Owners Association complained that during Thrissur Pooram festival, the 4th respondent who is the builder has issued passes to strangers to view the fire works from the terrace of the apartment complex. The apartment complex is an eight storied building. According to the petitioner, the terrace is also owned by the property owners. The builder has no additional right in respect of the building since the builder has already sold his rights in the property to various apartment owners. The 4th respondent has filed a counter affidavit. According to the 4th respondent, they own nine apartments including 10 pent houses. Therefore they are also apartment owners who are entitled to use the terrace portion of the building with an undertaking that, they are not issuing any passes as alleged and that they would use the terrace only to watch the fire works in the company of their relatives. They insist that petitioner shall also not issue passes to outsiders. Petitioner is agreeable to the said condition.
Learned Government pleader, on behalf of respondents 1 to 3 submits that viewing fire works from the terrace of buildings has been causing security problems for the reason that the viewers indulge in consumption of liquor and other activities which become very difficult to control or regulate.
In view of the undertaking of the petitioner as well as the 4th respondent that they are not going to issue passes to any outsiders, it is not necessary for us to consider the above contentions in detail. It is sufficient that this Writ Petition is disposed of recording the undertaking of the parties that neither the petitioner nor the 4th respondent shall issue any passes to outsiders. They shall view the fire works from the terrace of the building in the company of their relatives. The Writ Petition is disposed of accordingly.