“Residence of the Advocates along with his office in an apartment cannot be termed as a commercial one”: Kerala HC

High Court of Kerala ruled in Darlene Carmelita D’Cruz and Another v.  Kerala State Housing Board and others, that advocates residing in apartments and carrying their office thereto, cannot be termed as a commercial activity.
The petitioners in the case were the owners of the flats which they purchased from the Kerala State Housing Board which is a statutory authority created under the Kerala State Housing Board Act, 1971in its Housing Accommodation Scheme.
The petitioners approached the board to take an action against the use of flats in the housing scheme, more particularly for commercial usage or for purposes not provided under the scheme. The board didn’t take any action.
The petitioners approached the court by filing a writ petition seeking a direction to the board, to implement the terms of the scheme strictly and to further take action in removing the commercial activities carried on in the scheme premises.
The court allowed the writ petition and observed that apartments structures constructed as per the scheme, with due adherence to the provisions to Kerala Apartment Ownership Act,1983, should be strictly used in accordance with the terms of the scheme which restricted it to residential purposes. The flats were made with the intention of providing residence and not for any other purpose. The apartment structure in which the petitioners were occupying are residential apartments meant for residence of its purchasers or their successors-in-interest or lessees and it cannot be put to any use other than for the purpose of residence. No activity other than housing can be carried on in such residential apartment complexes.
The court held that said apartment structures cannot be put into any other purpose including commercial activity and directed the board to remove all non-residential/commercial activities if necessary with the assistance of District Administration and the Police.
The court also held that an advocate carrying out his office in his residence provided under the scheme,cannot be termed as a commercial activity.