OSA.Nos.10 and 11 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2023

CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

and

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

OSA.Nos.10 and 11 of 2022

and

CMP.Nos.6277 and 6280 of 2022

Regal Palm Garden Apartment

Owners Association (RPGAOA),

Represented by its Secretary,

No.383, Velachery, Tambaram Road,

Velachery, Chennai - 600 042. .. Appellant in both OSAs

Versus

1. M/s. CeeDeeYesHousing and

Infrastructure Private Limited,

(Formerly Cee Dee Yes Housing and Finance Ltd.,)

Rep.by its Managing Director,

No.42, 2nd Main Road, Gandhi Nagar,

Adayar, Chennai 600 020.

2. M/s. CeeDeeYesHealthCare Services Private Limited,

(Formerly Cee Dee Yes Standard Towers Pvt Ltd.,

Rep. by its Managing Director,

No.383, Velachery, Tambaram Road,

Velachery, Chennai - 600 042.

3. C.Devadasasundaram

1/8

https://www.mhc.tn.gov.in/judis

OSA.Nos.10 and 11 of 2022

4. M/ standard Fire Works Private Limited,

Represented by its Managing Director,

No.1/3, Thirthangal Road,

Sivakasai 626 123.

5. The Special Tahsildar (Land Acquisition - Highways),

Mambalam - Guindy Taluk,

Singaravelar Maaligai, Chennai 600 001.

6. The Tahsildar,

Velachery Taluk,

Velachery, Chennai 600 042.

7. The Chennai Metropolitan Development Authority,

Rep by its member Secretary,

Thala Muthu Natarajan House,

Gandhi Irwin Road, Egmore, Chennai - 8.

8. M/s. CeeDeeYes Property Services Private Limited

represented by its Director Brunth Sundar,

No.42 II Main Road Gandhi Nagar,

Adyar Chennai 20.

(Eighth respondent impleaded as per order

dated 16.12.2019 in Appln.Nos.8572 & 8573 of 2019

in C.S.No.535 of 2019. .. Respondent in both OSAs

Common Prayer: Original Side Appeals filed under Order 36, Rule 9 of

Original Side Rules read with clause 15 of the Letters Patent, to set aside the

common interim order and decree dated 06.09.2021 made in O.A.Nos.847 and

848 of 2019 in CS.No.535 of 2019 passed by this Court and allow the Original

Side Appeals.

For Appellant

:

M/s. Chitra Sampath, Senior Advocate

for Mr.S.Namasivayam in both OSAs

For R1 to R3 :

Mr.Kabir, Senior Advocate

for Mr.T.Jayaraman in both OSAs

For R4

: Mr.A.Sivaji in both OSAs

For R5 & R6 : Mr.R.Sidharth,

Government Advocate in both OSAs

For R7 & R8 : No appearance

2/8

https://www.mhc.tn.gov.in/judis

OSA.Nos.10 and 11 of 2022

COMMON JUDGMENT

(Judgment of the Court was delivered by R. MAHADEVAN, J.)

The present Original Side Appeals have been preferred by the

appellant/plaintiff against the common order dated 06.09.2021 passed by the

learned Judge in O.A.Nos.847 and 848 of 2019 in CS.No.535 of 2019.

2.The necessary facts leading to the filing of these appeals would run

thus:

2.1.

On 28.03.2001, an MOU was entered into among the first

respondent represented by the third respondent and the fourth respondent, for

development of 6.86 acres of land owned by the fourth respondent in

Velachery in three different parcels. Subsequently, on 29.05.2001, a deed of

reconstitution was executed by the fourth respondent and the 3 parcels were

clubbed into one composite land parcel. Vide letter No.C3/21795/2001 dated

02.05.2002, the seventh respondent / CMDA granted planning permission in

favour of the fourth respondent for construction of building with two entries /

gates situated on Velachery-Tambaram Main Road to the composite complex.

Out of the primary residential zone of the composite land parcel, a gift deed to

an extent of 29916 sq.ft was executed by the fourth respondent in favour of the

Corporation of Chennai. On 16.05.2002, building permission was granted by

3/8

https://www.mhc.tn.gov.in/judi