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Madras High CourtCS/97/2025closed

J. Prem Kumar And 8 Others v. State Of Tamilnadu Rep. By The Secretary To Government 27 Others

2026-02-20Honourable Mr.Justice P. Dhanabal9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-02-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. J. Prem kumar and 8 others S/o.J.Jesadian, Residing at No.2-C, Green Peace Orion Apartments, No.2, P.T.Rajan Salai, K.K.Nagar, Ch-78

2. Nallathambi Mayavan S/o.Mayavan , C4/4, 108, HIG, Bhuvaneswari Aprtments, Bharathidasan Colony Road, K.K.Nagar, Chennai-78

3. K.Ravichandran S/o.A.Kulasekaran, B3/3, 108 HIG, Bhuvaneshwari Apartments, Bharathidasan Colony Road, K.K.Nagar, Chennai - 600 078.

4. G.Bharathi S/o.I.Govindasamy, New No.1, Old NO.2, Padmanabhan Street, Kodambakkam, Chennai - 600 024.

5. R.Narayanan S/o.S.Ramanathan, Plot nO.33, Jawahar Street, Nethaji Nagar, Chrompet, Chennai - 600 044.

6. Rukmani W/o.Vijayaragavan, C3/8, 108 HIG, Bhuvaneshwari Apartment, Bharathidasan Colony Road, K.K.Nagar, Chennai - 600 078.

7. Anandha Selvi C4/8, 108 HIG, Bhuvaneshwari Apartment,

8. S.Balasubramanian W/o.Sabapathy, NO.142-E, Sakthi Castle, Kanchi Natarajan Road, Vasuudevan Nagar, Ashoknagar, Chennai - 600 083.

9. S.Kalyanaraman S/o.M.S.Somasundaram Iyer, A-105, 1st Floor, raibow Riddhi Apartment, 100 Feet Road, Sriram Nagar, Selaiyur - 600 073.

..Plaintiff(s) Vs

1. State of Tamilnadu rep. by The Secretary to Government 27 others Housing and Urban Development Department, Secretariat, Chennai-600 009

2. The Chairman Tamil Nadu Housing Board, CMDA Complex, E and C Market Road, Koyambedu, Chennai - 600 107.

3. The Managing Director Tamil Nadu Housing Board,CMDA Complex E and C Market Road, Koyambedu, Chennai - 600 107.

4. The Executive Engineer Tamil Nadu Housing Board, K.K.Nagar Division, NO.kC-48, 2nd Avenue, 3rd Floor, Anna Nagar, Chennai - 600 040.

5. Chennai Metropollitan Development Authority (CMDA) Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore Chennai - 600 008.

6. K.Subramanian President/Redevelopment Core Committee and Peace committee Member, Block C4/Flat No.8, 108, HIG Bhuvaneshwari Apartments,

7. V.Sooryanarayanan Secretary/Redevelopment Core Committee and Peace Committee Member, Block B3/Flat NO.5, 108 HIG Bhuvaneshwari Apartments,

8. N.Kalyanaraman Treasurer, Block A2/Flat No.6, 24 HIG Bhuvaneshwari Apartments, Bharathidasan Colony Road, K.K.Nagar, Chennai - 600 078.

9. A.Ponni Vice President, Block B2/Flat No.1, 108 HIG Bhuvaneshwari Apartments, Bharathidasan Colony Road, K.K.Nagar, Chennai - 600 078.

10.Christina Karolin Jont Secretary, Block C1/Flat NO.6, 108 HIG, Bhuvaneshwari Apartments, Bharathidasan Colony Road, K.K.Nagar, Chennai - 600 078.

11.K.Vijayalakshmi Redevelopment Core Committee and Peace Committee Member, Block B2/Flat NO.2, 108 HIG Bhuvaneshwari Apartments, 12.P.K.Abdul Rahman Redevelopment Core Committee and Peace Committee Member, Block A1/Flat NO.11, 24HIG Bhuvaneshwari Apartments, 13.Joseph Michael Redevelopment Core Committee and Peace Committee Member, Block C1/Flat NO.11, 108 HIG Bhuvaneshwari Apartments,

14.Sivalingam Redevelopment Core Committee and Peace Committee Member, Block B1/Flat No.6, 108 HIG Bhuvaneshwari Apartments, 15.I.Ramalingam Executive Committee Member, Block B4/Flat No.8, 108 HIG Bhuvaneshwari Apartments, 16.B.Vinayak Executive Committee Member, Block C4/Flat No.12, 108 HIG Bhuvaneshwari Apartments, 17.G.Davidly Mosess Executive Committee Member, Block A2/Flat No.7, 24HIG Bhuvaneshwari Apartments, 18.K.Vijayarangan Executive Committee Member, Block B2/Flat No.3, 108 HIG Bhuvaneshwari Apartments, 19.S.Vasudevan Executive Committee and Peace Committee Member, Block B5/Flat No.11, 108 HIG Bhuvaneshwari Apartments, Bharathidasan Colony Road, K.K.Nagar, Chennai - 600 078.

20.A.Balasubramanian Executive Committee Member, Block B2/Flat No.11, 108 HIG Bhuvaneshwari Apartments,

21.J.Kavitha Executive Committee Member, Block A1/Flat No.2, 24 HIG Bhuvaneshwari Apartments, 22.S.Nagaraj Executive Committee Member, Block C1/Flat No.4, 108 HIG Bhuvaneshwari Apartments, 23.V.VimalaDevi Executive Committee Member, Block C2/Flat No.9, 108 HIG Bhuvaneshwari Apartments, 24.S.Sivakumar Executive Committee Member, Block B4/Flat No.11, 108 HIG Bhuvaneshwari Apartments, 25.K.Ramadas Executive Committee Member, Block A1/Flat No.8, 24HIG Bhuvaneshwari Apartments, 26.Gunasekaran Ex-President/Ex-Reconstruction Committee Member, Block A1/Flat No.6, 24 HIG Bhuvaneshwari Apartments, Bharathidasan Colony Road, K.K.Nagar, Chennai - 600 078.

27.Bhuvaneswari Apartments Welfare Association Represented by its Secretary, Bharathidasan Colony, K.K.Nagar, Chennai - 600 078.

28.Baashyaam Constructions Private Limited CIN U45201TN2004PTC053331, Represented by its Managing Director, 87, G.N.Chetty Road,

Lakshmi Colony, T.Nagar, Chennai - 600 017.

Defendant(s) PRAYER: The Plaint under Order VII Rule I of Code of Civil Procedure read with Order IV Rule I of Original Side Rules praying a.Mandatory injunction directing the defendants 3 and 4 to execute rectification deed by including UDS of 81.4 Sq.Mt. 876sq.ft. to 1st plaintiffs sale deed vide Document NO.392/2006 dated 13.02.2006. 4th Plaitniffs sale deed vide Document No.486/1998 dated 27.03.1998. 5th Plaintiffs sale deed vide Document No.2440/2014 dated 31.08.2004. 8th Plaintiffs sale deed vide Document No.2618/2006 dated 11.09.2006, 9th Plaintiffs sale deed vide Document No.52/2011 dated 12.11.2010 and to execute sale deed by including UDS of 79.60 sq.mt. 856 sq.ft. for the 2nd plaintiff pursuant to the Allotment Letter No.H2/19474/90 dated 9.10.1991. to execute rectification deed by including UDS of 79.60 sq.mt 856 sq.ft.

for the 6th plaintiffs sale deed vide Document No.3619/2021 dated 10.12.2021 and for 7th Plaintiffs sale deed vide Document NO.139/2022 dated 13.01.2022. b. Permanent injunction restraining the 27th and 28th defendants from entering into any redevelopment/joint development agreement between themselves with respect to the Schedule A property until plaintiffs being owners of B and C type flats are conveyed by the third and fourth defendants their respective 81.40 sq.mt and 79.60 sq.me of undivided share of land in compliance with its proceedings in Proc.No.S2/84090/88 dated 30.12.1988. c.

permission and building approval vide number PPS No.91A/E/88. d. To pay the cost of the suit.

For Plaintiff(s):

Mr. Manoj Sreevalson for Ms. Kanimozhi Mathi For Defendant(s):

Mr. M. Rajendiran [for R1] Additional Government Pleader M/s.C.Kalaichelvan [for R2 to R4] Standing Counsel for TNHB M/s.R.Thamarai Selvan [for R5] Standing Counsel For CMDA Mr. Sathish Parasaran, Senior Counsel for M/s.Prahalad Bhat [for R6 to R16 and R18 to R28] M/s.P.Ebenezer [for R17]

JUDGMENT

In view of the order passed in A. No.5715 of 2025, this Suit is closed and the Registry is directed to refund the Court fee, as per rules. 20-02-2026 [2/2] Index: Yes/No Speaking/Non-speaking order MJS

To

1. State of Tamilnadu rep. by The Secretary to Government 27 others Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The Chairman Tamil Nadu Housing Board, CMDA Complex, E and C Market Road, Koyambedu, Chennai - 600 107.

3. The Managing Director Tamil Nadu Housing Board,CMDA Complex E and C Market Road, Koyambedu, Chennai - 600 107.

4. The Executive Engineer Tamil Nadu Housing Board, K.K.Nagar Division, NO.kC-48, 2nd Avenue, 3rd Floor, Anna Nagar, Chennai - 600 040.

5. Chennai Metropollitan Development Authority (CMDA) Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore Chennai - 600 008.

P.DHANABAL, J.

MJS 20-02-2026 [2/2]