These writ petitions are filed by the Apartment Owners Association on account of non-acceptance of documents for registration of the Association under the Kerala Apartment Ownership Act, 1983 (for short, 'the Act').
2. The Act came into force on 31.7.1985 in the city of Kochi. The petitioners are the Apartment Owners Association. This enactment is intended to provide for the ownership of individual apartment in a building and make such apartment heritable and transferable property. Section 13 of the Act states that declarations, deeds of apartments and copies of the plan to be registered. The contents of declaration is provided under Section 11, which includes description of the common areas and facilities, purpose of which the apartment is intended and restrictions on its use etc. The petitioners are formed as an Apartment Association. According to the petitioners, in order to carryout the objectives of the bye-laws consistent with the Apartment Owners Association, registration is required in terms of Section 13 of the Act. However, when they approached the Sub Registrar concerned, they refused to accept bye-laws of registration for the reason that they have not been appointed as a competent authority and there is no separate register for recording details as mandated under the Act. Thus, the petitioners have approached this Court seeking a direction directing the State Government to appoint competent authority in terms of Section 3(j) of the Act and also directing the Appellate Authority to provide necessary register to be maintained by the competent authority to record the details as contemplated under the Act.
3. In W.P.(C) No.15790 of 2006, the Inspector General of Registration has filed a separate counter affidavit. It is stated in the counter affidavit that under the Act, except for matters specifically provided in Section 13 of the Act, all other matters regarding the registration of declaration, deed of apartment and filing of floor plans etc. are governed by the provisions of the Registration Act. It is further stated that under Section 13(4) of the Act, in all Registration offices a book called “Register of Declarations and Deeds of Apartments” under the Act shall be maintained and index relating thereto shall also be kept. However, no such register has been provided to the Registrar. It is further pointed out that if the enactment was to file a copy in Book -1 referred to in Section 51 of the Registration Act, 1908 as in the case of 'Gehan' and to follow the provisions in the Registration Act/Rules, no difficult would have been arised in issuing proper registration to the registering authority regarding the registration of Declaration and Deeds of Apartment under the Act. Therefore, it is stated that proper guidelines from the Government are necessary for issuing directions regarding the registration of instrument as envisaged in Section 13 of the Act.
4. Thus it can be seen from the counter affidavit by the Inspector General of Registration, the difficulty in registration is on account of non-providing the register.
5. Every Association has a right to register the Association in accordance with the Act. The rights of the apartment owners forming Association and carryout the objectives in terms of the Act, cannot be defeated for the reason that the Government failed to provide any register.
In view of the above, there shall be a direction to the first respondent to provide register to all Sub Registrars of the areas in which the Act is notified in the State for registering Association under the Act as contemplated under Section 13 (4) of the Act. This shall be done within three months. If the Government fails to provide any register within three months, the Inspector General of Registration, Kerala shall direct all Sub Registrars in the State of Kerala to file copy in Book-1 under Section 51 of the Registration Act, 1908 and follow the provisions in the Act/Rules for registration of such Association, till the Government provides separate register for registration of apartment owners. This shall be done immediately after the expiry of three months' time given to the Government to provide register.
These writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln