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Play school in apartment

(Querist) 16 May 2015 This query is : Resolved 
Dear Law Experts,

In our apartment all of sudden without consulting others, one owner rented his house to run a play school. The owner of the school is not encroaching the common areas and covered reserved parking of other owners. The apartment associated is not registered as per TN Apartment Act. Expect one owner other two are opposing to run the play school. Play school owner is having support of MLA's.

1.How to vacate the play school without the support of the owner.
2. Whether DPI or any govt departments have control over the play school.
3. Whom Should we approach to vacate the play school.

Thanks in Advance.

Best Regards,
Kamaraj
Devajyoti Barman (Expert) 17 May 2015
Well, running of schools are mostly governed by Municipal and state laws whereas there is hardly any specific rule for running play school.
Unless the running of play school causes nuisance to other flat owners or it illegally encroaches common areas then certainly remedy can be sought for against such things.
So in your case the other flat owners can file suit for declaration and injunction against running of the said school.
Rajendra K Goyal (Expert) 17 May 2015
Well advised, agree with the expert.
T. Kalaiselvan, Advocate (Expert) 18 May 2015
If the common areas are encroached or the parking areas are utilised for school purpose, it is as good as an illegal act. Either approach the municipal authorities with a complaint on such illegal activities and nuisance thereon or initiate legal proceedings through court of law as suggested by experts.


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