M/s. Rams Pinnacle Apartment Association vs The Commissioner Greater Chennai corporation

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2026 Supreme(Online)(Mad) 21102

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN, J
M/s. Rams Pinnacle Apartment Association – Appellant
Versus
The Commissioner Greater Chennai corporation – Respondent

Important Points

Compliance with procedural rules is essential in property management and redevelopment matters.

Subject

Property Law - Apartment Ownership

Act Referred

Tamil Nadu Apartment Ownership Rules: S.9

Headnote

The court considers the petitioners' request for demolition permission for the Rams Pinnacle Apartment complex, noting the failure to comply with Rule 9 of the Tamil Nadu Apartment Ownership Rules, 2024. The court finds that the petitioner must hold a Special General Body meeting and communicate the resolution to the CMDA, highlighting procedural adherence as essential. The key issue revolved around whether the application for demolition could proceed without full powers of attorney from all apartment owners. The court ultimately ruled that the petition, while dismissed as withdrawn, permits adherence to the rules provided. No costs are awarded.

Advocates:
For the Appellants/Petitioners: Mr.Sachin Menon for M/s Tatva Legal Chennai
For the Respondents: Ms.P.T.Ramadevi Standing Counsel for RR 1 to 3, Mr.B.Sanjay Balachandran Standing Counsel (CMDA) for R4

ORDER

This Writ Petition is dismissed as withdrawn with liberty to strictly comply with the provisions of Rule 9 of the Tamil Nadu Apartment Ownership Rules, 2024. The petitioner shall hold a Special General Body meeting, after due notice to all the occupants. In case, a resolution for re-development is passed, it is at liberty to communicate the same to the Chennai Metropolitan Development Authority (CMDA) by way of “Form I”. Once “Form I” is submitted, the Board of Managers shall inform all the house owners regarding the filing of the same and produce the acknowledgement thereof before the Chief Planner. In case, no objections are filed before the Chief Planner, it is up to him to take a call on the request made in the Special General Body meeting.

2.With this liberty, this Writ Petition is dismissed as withdrawn. No costs.