nunderstood!€¦ · blah blah blah. yes, fictitious theory of pollution of river. \r\n\r\nthe...
TRANSCRIPT
Jagan
Note
Mohamed Shahid is represented by owners of Anugraha Satellite Township! The whole township is owned by somebody mysterious and they are representing Mr. Shahid. Understood!
Jagan
Note
By-laws (Not Bye-law, [sic]) do not have the list of office bearers. You can't get a By-law of some society and lament that you can't find the way to Timbaktu or the formula for the Philosopher's stone in it. By-laws contain rules and regulations by which the society/association or company and its members are governed.
Jagan
Note
Ha Ha, Nope. The TN Societies Registration Act lays down the law for RETURNS to be filled annually. Not for the registration to be renewed. And even in case of non-compliance by non-filing of returns, Art. 46 - Penalty for non-complaince with Act applies and it have no provision for de-recognition, rather a fine.
Jagan
Note
Falsehood: While Mr. Meganathan owns several houses, Mr. Shahid owns a shell of an unfinished construction which does not qualify to be called a 'house' until it is finished and completion/occupation certificate obtained from the Panchayat. At best, it is a construction or 'structure'.
Jagan
Note
Association can have members, Township can have only houses and other structures. Note how deceptively they call themselves 'members of the Anugraha Satellite Township'. Fact: Mr. Shahid is not a Member of the Association. He has never ever paid any maintenance fee even though he resides in a rented house in the township for years.
Jagan
Note
Note, members were 'SELECTED' not elected. Also, members get together and form an association and later admit other members. The narrative is factually wrong.
Jagan
Note
False, the Association has filed its returns and its registration continues.
Jagan
Note
There is no word such as 'defunct' in the entire TN Societies Registration Act. Such a word has no meaning. Either an Association is registered or its registration revoked. There is no such thing as 'defu''
Jagan
Note
Misleading falsehood that the STP is not renovated. Fact: STP is completely rebuilt and functionalised.
Jagan
Note
Completely wrong. As per TN Panchayats Act, 1994, under CHAPTER VIII FUNCTIONS, POWERS AND PROPERTY OF VILLAGE PANCHAYATS, PANCHAYAT UNION COUNCILS AND DISTRICT PANCHAYATS, it says: it shall be the duty of Village Panchayat, within the limits of its funds, to make reasonable provision for... (NOTE, within the limits of its funds), 110: Duty of Village Panchayat to provide for certain matters: (c) the construction of drains and the disposal of drainage water and sullage not including sewage; VERY CLEARLY, SEWAGE IS NOT INCLUDED IN THE DUTIES OF THE VILLAGE PANCHAYAT. NOT Including sewage. Read that five times. Also, even if it was the duty, it is subject to availability of funds and budget. See: https://www.tnrd.gov.in/pract/chapter_VII.htm
Jagan
Note
The Contribution to the STP project was voluntary and the alternative of building one's own septic tank was always available to every house. Nobody was forced to contribute involuntarily to the corpus fund for reconstruction of the STP.
Jagan
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Mr. Shahid is not even a primary member of the Association and has no locus standi to comment on its internal matters. Also, the election was as per our by-laws and suffers no infirmity.
Jagan
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The STP is complete. Period.
Jagan
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Ha Ha Ha. Collector is an abettor in a crime. Scandalous allegation that is both absurd as well as baseless.
Jagan
Note
Mr. Shahid or Mr. Meganathan have not paid any property tax or house tax to the Panchayat. They cannot demand the Government to bear the cost of disposing their sewage. The principle of 'Polluter Pays' has been adopted universally. All house owners have been polluting the river, but unknowingly. When we discovered that fact, we immediately took remedial measures and that matters. See: M. C. Mehta vs Kamal Nath & Ors (1997)1SCC388 The Court held that pollution is a civil wrong and is a tort committed against the community as a whole. Thus, any person guilty of causing pollution has to pay damages (compensation) for restoration of the environment and ecology. Under the Polluter Pays Principle, it is not the role of Government to meet the costs involved in either prevention of such damage, or in carrying out remedial action, because the effect of this would be to shift the financial burden of the pollution incident to the taxpayer.
Jagan
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The invitation clearly mentions: SELF SUFFICIENT AMENITIES DEVELOPMENT MODEL That means, we being educated, sociall conscious upper middle class socio-economic group adopt a model to be self-sufficient in development of amenities while asking for Govt funds for projects beyond us, namely, Roads
Jagan
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Nope it does not. The Invitation simply says that the connecting pipelines that were re-laid are being connected.
Jagan
Note
The pipeline works and it flows. The allegation that the Secretary 'cheated' has to be proved with proofs. Mere wild allegations are useless. Although the burden of proof is always on the person claiming something, here is the evidence to the contrary: https://astrwa.com/the-pipeline-is-complete-it-flows/
Jagan
Note
False.
Jagan
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Ha Ha. It is not our mandate to manage the residents. Of course, we manage some affairs of the township, but sorry, we did not mismanage the residents.
Jagan
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Again, Members of WHAT EXACTLY?
Jagan
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No Public Site with a compound and gate is open for visitors in ALL OF INDIA at 10:30 PM. Especially for people to enter it uninvited and unannounced wearing a Lungi which is a dangerous apparel to wear to a Sewage Treatment Plant with >6 feet deep tanks with water. The visit was neither cordial or courteous. It definitely was highly suspicious and motives were unclear. Being an owner does not give any right to visit any facility in the darkness of the night. There are reasonable rules and timings to follow. The Association runs the STP and administers it for the welfare of the township. It is not a free for all area, but a controlled facility akin to an industrial operation (note the word PLANT in STP).
Jagan
Note
The Secretary is a member of a Hindu Undivided Family where all the property is held as common property and every member of the HUF is a joint owner of all the properties and all the rights, interest in all properties belongs to each and every member equally. The house of the secretary is in his own brother's name and they belong to the HUF of their father. It is joint property. See: https://www.livelaw.in/huf-assets-taken-joint-property-unless-proven-otherwise-sc-read-judgment/ The Supreme Court recently reiterated the principle that all assets in a Hindu Undivided Family would be presumed to be joint property belonging to all its members
Jagan
Note
The Three: Mr. Shahid, Mrs. Amutha and Mrs. Sujatha accepted their guilt in the Police Station that they had entered the property at 10:35 PM at night on 15 March 2018 and gave a written statement saying that they will not enter the property without prior permission.
Jagan
Note
The decision was taken by the Executive Committee and it is completely proper to prefer a Police Complaint. The STP was built at a huge cost and its safety is paramount. It has to be protected. Any attempt to enter into it under the darkness of the night is a serious matter and must be reported to the Police. All trespassers will be prosecuted. - This is clearly written on the board outside the STP gates.
Jagan
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No, there is no entitlement.
Jagan
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The TN Panchayat Act or Panchayat Building Rules do not govern the Association nor its membership. The Secretary's membership in the Association is not governed by these two Act and Rule. The allegation is so vague that it does not specify which article or provision or rule has been broken or contravened.
Jagan
Note
None of Mr. Shahid/Meganathan's business. The Secretary's employment and the terms of his employment are his and his employee's affairs. Mr. Shahid/Meganathan does not have any locus standi to comment on the Secretary's employment rules.
Jagan
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The Account belongs to the Association and is operated by the officials of the Association. The Account is operated not by individuals in their own names, but under the designation of the President, Secretary and Treasurer.
Jagan
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Ha Ha Ha. My service conditions are NONE OF THEIR BUSINESS. Simple as that. Also, the Bank Accounts belong to the Association and the President, Secretary and Treasurer operate it, not individuals in our name. Of course this nuance is lost on them. They don't understand simple things like personal bank accounts operated by individuals in personal capacity and official bank accounts operated in official capacity. The Association's right to operate Bank Accounts is given to it by our Constitution.
Jagan
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Criminal Intimidation? In a Civil Suit? Also, utterly failed to reproduce the so called threats. Did they forget that everybody had a choice to build their own Septic Tanks?
Jagan
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Joke again. A list of IPC sections that have no relevance and without any basis only shows the bankruptcy of the complaint.
Jagan
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Blah Blah Blah
Jagan
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Yes, Fictitious theory of pollution of river. The Pollution Control Board must be mad.
Jagan
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There simply is no post called Regional Officer and of course, no such report.
Jagan
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Aha. Here is the crux of the suit. To prevent the Association from pursuing Plot Regularisation for its plot owners.
Jagan
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Ha Ha Ha. No Comments.
Jagan
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What provisions? The By-laws of the Association are clear - The Association will take care of the common amenities and areas for the welfare of all homeowners.
Jagan
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THe Revenue Authorities sealed the Outlet because of the Sewage being let out into the River. Not because they became bold, because they have the authority.
Jagan
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The text is full of contradictions like this. Mohammad Shahid and Meganathan represent the owners and filing in individual capacity? Also, nobody wants to be represented by these two. Again, the Association is renewed and legally valid.
Jagan
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No Comment.
Jagan
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There is.
Jagan
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Wow. The English.
