Madras High Court
M/S.Cee Dee Yes Housing And ... vs Regal Palm Garden Apartment ... on 3 March, 2021
O.S.A.Nos. 175, 177 and 180 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
O.S.A.Nos. 175, 177 and 180 of 2020
and
C.M.P.No. 9051 of 2020
O.S.A.No. 175 of 2020:
1.M/s.Cee Dee Yes Housing and Infrastructure Private Ltd.,
(Formerly Cee Dee Yes Housing and Finance Ltd),
Rep. by its Managing Director,
No.42, 2nd Main Road,
Gandhi Nagar, Adyar,
Chennai - 600 020.
2.M/s.Cee Dee Yes Health Care Services Private Ltd.,
(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 ... Appellants
Vs
1/10
http://www.judis.nic.in
O.S.A.Nos. 175, 177 and 180 of 2020
1.Regal Palm Garden Apartment Owners
Association (RPGAOA),
Represented by its Secretary,
No.383, Velachery - Tambaram Road,
Velachery, Chennai - 600 042.
2.M/s.Standard Fire Works Private Limited,
Represented by its Managing Director,
No.1/3, Thirthangal Road,
Sivakasi - 626123.
3.The Special Tahsildar (Land Acquisition - Highways),
Mambalam - Guindy Taluk,
Singaravelar Maligai,
Chennai - 600 001.
4.The Tahsildar,
Velachery Taluk,
Velachery, Chennai - 600 042.
5.The Chennai Metropolitan Development Authority,
Rep. by its Member Secretary,
Thalamuthu Natarajan House,
Gandhi Irwin Road,
Egmore, Chennai - 600 008.
6.M/s.Cee Dee Yes Property Services Private Limited,
Rep. by its Director Brunth D.Sundar,
No.42, 2nd Main Road,
Gandhi Nagar, Adyar, Chennai - 600 040. ... Respondents
PRAYER : Original Side Appeal filed under Clause 15 of Letters Patent read with
Order XXXVI Rule 9 of the Original Side Rules, to set aside the order dated
16.12.2019 made in A.No. 8572 of 2019 in O.A.No. 848 of 2019 in C.S.No. 535 of
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O.S.A.Nos. 175, 177 and 180 of 2020
2019 and thereby allow the Original Side Appeal by granting the reliefs claimed
therein.
For Appellants : Mr.R.Thiagarajan (Senior Counsel)
for Mr.R.Amardeep
For Respondents : Mr.S.Ramesh (For R1)
Mr.R.Udhayakumar (For R3 and R4)
Special Government Pleader (CS)
Mr.P.S.Ganesh (For R5)
O.S.A.No. 177 of 2020:
1.M/s.Cee Dee Yes Housing and Infrastructure Private Ltd.,
(Formerly Cee Dee Yes Housing and Finance Ltd),
Rep. by its Managing Director,
No.42, 2nd Main Road,
Gandhi Nagar, Adyar,
Chennai - 600 020.
2.M/s.Cee Dee Yes Health Care Services Private Ltd.,
(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 ... Appellants
Vs
Regal Palm Garden Apartment Owners
Association (RPGAOA),
Represented by its Secretary,
No.383, Velachery - Tambaram Road,
Velachery, Chennai - 600 042. ... Respondent
http://www.judis.nic.in
O.S.A.Nos. 175, 177 and 180 of 2020
PRAYER : Original Side Appeal filed under Clause 15 of Letters Patent read with
Order XXXVI Rule 9 of the Original Side Rules, to set aside the order dated
16.12.2019 made in A.No. 6914 of 2019 in C.S.No. 535 of 2019 and thereby allow
the Original Side Appeal by granting the reliefs claimed therein.
For Appellants : Mr.R.Thiagarajan (Senior Counsel)
for Mr.R.Amardeep
For Respondent : Mr.S.Ramesh
O.S.A.No. 180 of 2020:
1.M/s.Cee Dee Yes Housing and Infrastructure Private Ltd.,
(Formerly Cee Dee Yes Housing and Finance Ltd),
Rep. by its Managing Director,
No.42, 2nd Main Road,
Gandhi Nagar, Adyar,
Chennai - 600 020.
2.M/s.Cee Dee Yes Health Care Services Private Ltd.,
(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 ... Appellants
Vs
1.Regal Palm Garden Apartment Owners
Association (RPGAOA),
Represented by its Secretary,
No.383, Velachery - Tambaram Road,
Velachery, Chennai - 600 042.
http://www.judis.nic.in
O.S.A.Nos. 175, 177 and 180 of 2020
2.M/s.Standard Fire Works Private Limited,
Represented by its Managing Director,
No.1/3, Thirthangal Road,
Sivakasi - 626123.
3.The Special Tahsildar (Land Acquisition - Highways),
Mambalam - Guindy Taluk,
Singaravelar Maligai,
Chennai - 600 001.
4.The Tahsildar,
Velachery Taluk,
Velachery, Chennai - 600 042.
5.The Chennai Metropolitan Development Authority,
Rep. by its Member Secretary,
Thalamuthu Natarajan House,
Gandhi Irwin Road,
Egmore, Chennai - 600 008.
6.M/s.Cee Dee Yes Property Services Private Limited,
Rep. by its Director Brunth D.Sundar,
No.42, 2nd Main Road,
Gandhi Nagar, Adyar, Chennai - 600 040. ... Respondents
PRAYER : Original Side Appeal filed under Clause 15 of Letters Patent read with
Order XXXVI Rule 9 of the Original Side Rules, to set aside the order dated
16.12.2019 made in A.No. 8573 of 2019 in C.S.No. 535 of 2019 and thereby allow
the Original Side Appeal by granting the reliefs claimed therein.
For Appellants : Mr.R.Thiagarajan (Senior Counsel)
for Mr.R.Amardeep
http://www.judis.nic.in
O.S.A.Nos. 175, 177 and 180 of 2020
For Respondents : Mr.S.Ramesh (For R1)
Mr.R.Udhayakumar (For R3 and R4)
Special Government Pleader (CS)
Mr.P.S.Ganesh (For R5)
COMMON JUDGMENT
(Judgment of the court was made by N.KIRUBAKARAN.J.,)
These original side appeals have been filed by the appellants/defendants 1 to
3 aggrieved over the dismissal of the applications filed to reject the plaint by the
first respondent herein.
2. Heard Mr.R.Thiagarajan, Learned Senior Counsel for Mr.R.Amardeep,
Learned Counsel for the Appellants, Mr.S.Ramesh, Learned Counsel for the First
Respondent, Mr.R.Udhayakumar, Learned Special Government Pleader (CS) for
the Third and Fourth Respondents and Mr.P.S.Ganesh, Learned Counsel for the
Fifth Respondent.
3. The suit in C.S.No.535 of 2019 was filed for the following prayers:-
" (a) Mandatory injunction directing the defendants 1 to 4 to
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O.S.A.Nos. 175, 177 and 180 of 2020
specifically perform the terms of the Memorandum of Understanding
dated 16.03.2015 by conveying the suit schedule property to the
members of the plaintiff association and on failure convey the same to
the Plaintiff by process of court, and
(b) Permanent injunction restraining the defendants 1 to 4, their
heirs, successors in interest, assigns or any person claiming through
them from in any manner subdividing the schedule mentioned property
by metes and bounds and maintain the same as per the composite plan
granted by the 7th defendant dated 02.05.2002 in planning permit
No.332."
4. In the said suit, applications in A.Nos.6914, 8572 and 8573 of 2016 have
been filed by the First Respondent herein to reject the plaint and by separate order
dated 13.02.2020 the same was dismissed.
5. When the matter taken up for hearing today, Mr.R.Thiagarajan, Learned
Senior Counsel for Mr.R.Amardeep, Learned Counsel for the Appellants, seeks
permission of this Court to withdraw these Original Side Appeals with liberty to
file written statement within a period of four weeks and defend the suit. In this
regard, a common memo dated 03.03.2021 has been filed by the Appellants, which
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O.S.A.Nos. 175, 177 and 180 of 2020
is placed on record.
6. In view of the above, the Appellants are permitted to withdraw these Appeals
and time is granted to the Appellants to file written statement on or before
31.03.2021.
Accordingly, these Original Side Appeals are dismissed as withdrawn by
granting such liberty. Consequently, the connected Civil Miscellaneous Petition is
closed.
[N.K.K.,J.] [P.D.A.,J.]
03.03.2021
dm/ay
Index: Yes/No
Internet: Yes/No
http://www.judis.nic.in
O.S.A.Nos. 175, 177 and 180 of 2020
To
1.The Special Tahsildar (Land Acquisition - Highways),
Mambalam - Guindy Taluk,
Singaravelar Maligai,
Chennai - 600 001.
2.The Tahsildar,
Velachery Taluk,
Velachery, Chennai - 600 042.
3.The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natarajan House,
Gandhi Irwin Road,
Egmore, Chennai - 600 008.
http://www.judis.nic.in
O.S.A.Nos. 175, 177 and 180 of 2020
N.KIRUBAKARAN, J.
AND
P.D.AUDIKESAVALU, J.
dm
O.S.A.Nos. 175, 177 and 180 of 2020
and
C.M.P.No. 9051 of 2020
Dated: 03.03.2021
http://www.judis.nic.in
