(Prayer: Petition under Section 482 of the Code of Criminal Procedure, to direct the 1st and 2nd respondents to register a case against the respondents 3 to 7 on the basis of the complaint given by the petitioner dated 18/09/2014 and take appropriate action in accordance with law.)

1. The petitioner contends that they are owners of the apartments. The proposed accused sold the common area, namely, terrace to a third party and the said third party is started to put up construction.

2. The learned counsel appearing for the petitioner would submit that it is in violation of Tamil Nadu Apartments Owners Act, 1994. According to them, the terrace area, as per Section 6(3) of the Act, is a common area, which belongs to all the owners and no one has got any exclusive right. Therefore, the complaint was given on 18.09.2014. So far no action has been taken. Hence, the petitioner has come before this Court.

3. Heard the parties.

4. The facts narrated above would state that illegally common area has been conveyed by the proposed accused to another proposed accused, who tries to put up a construction on the terrace portion. It is a common area. The allegation makes out prima facie case for cognizable offence. Hence, the second respondent is directed to register the FIR and investigate the matter in accordance with law.

5. This Criminal Original Petition is ordered accordingly. Consequently, connected Miscellaneous Petition is closed.