Jains Westminster owners welfare Association - Sal vs The Member secretary

WP No. 12880 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 12880 of 2022
CNR: {HCMA010665502022}
AND WMP Nos.12359 & 34316 of 2022
and WMP Nos.7230 of 2023, 5457 of 2025
Jains Westminster Owners Welfare Association
- Saligramam, Rep by its President
Jains Westminster Residential complex
No.24, Arunachalam Road,
Saligramam, Chennai- 600 093.
..Petitioner
Vs
1. The Member Secretary
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road, Egmore,
Chennai- 600 008.
2. The Sub Registrar
Virugambakkam Sub Registrar Office, 47/5,
Arcot Road, udhayam Colony, Lambert Nagar,
Virugambakkam,Chennai- 600 083.
3. M/s.Jain Housing
A Registered Partnership Firm Rep by its
Partner 98 / 99, Habibullah Road, T.Nagar,
Chennai- 600 017.
4. Mr.Sachin Mehta
Partner M/s.Jain Housing 98/ 99, Habibullah
Road, T.Nagar, Chennai- 600 017.
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WP No. 12880 of 2022
5. M/s.Jain Housing and Constructions Ltd
Rep by its Managing Director, 98/ 99,
Habibullah Road, T.Nagar, Chennai- 600 017.
6. Mr.Sandeep Mehta
Managing Director Jain Housing and
Constructions Ltd, 98/ 99, Habibullah Road,
T.Nagar, Chennai- 600 017.
7. V.Prakash Babu
8. E.Pradeep Kumar
9. K.Nandakumar
10. M.R.Surendra Rao
11. Rema Bhuvaneswari
12. G.Senthilvel
13. H.Vijay Balaji
14. Hema Rathinavelu
15. Kishore Reddy
16. Mr.B.N.Siva
17. The Commissioner, Greater
Chennai Corporation, Rippon Buildings,
Chennai 600 003.
18. The Member Secretary,
Tamil Nadu Pollution Control Board, No.76,
Anna Salai, Guindy, Chennai.600 032.
19. The Director, Airport Authority
Of India, Chennai International Airport,
Chennai.600 027.
20. The Chief Engineer (buildings)
Public Works Department, Chepauk,
Chennai.600 005.
21. The Managing Director, Chenai
Metropolitan Water Supply And Sewerage
Board, No.1, Pumping Station Road,
Chintadripet, Chennai.600 002.
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WP No. 12880 of 2022
22. Kavirimani.M.G
23. P. Chenthill
24. S. Perumalsamy
25. N. Veeraraghavan
26. M Gandhikumar
27. M Muthukumar
28. Yogeswaran Subramanian
29. S Saravanan
30. G. Padmini Priyadarshini
31. Mohana Visvanathan
32. S. Ravichandran
33. S. Sangeetha
34. K.S. Praveen Kumar
35. Kanagavel Pandian.R
36. Pandi Krishna Veni
37. Ravindran Muthukrishnan
38. K. Vimala Devi
39. N.Shakira
40. Kiran Ms
41. Maheetha Ramakrishnan
42. Subramanian.R
43. Dhanalakshmi
44. Gunakar.C
45. Sunil
46. The Assistant Engineer,
Operation And Maintenance, Tangedco,
Saligramam, Chennai.600 093.
47. The Executive Engineer,
Operation And Maintenance, Tangedco,
K.K.Nagar, Chennai.600 078.
48. The State Environment Impact Assessment
Authority(SEIAA), III Floor, Panagal Maaligai,
Saidapet, Chennai.600 015.
49. The Director Of Tamil Nadu Fire
And Rescue Services Department, No.17,
Rukmani Lakshmipathy Road, Egmore,
Chennai.600 008.
..Respondents
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WP No. 12880 of 2022
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
a Writ of Mandamus
(a) Directing the 1st respondent forthwith to inspect the structural
quality of the property Viz., Jains Westminster complex at Door
No. 24, Block No.38 of Arunachalam Road, Saligramam,
Chennai- 600 093 and permit the Petitioners Association to
carry out the necessary repairs as per the direction of the chief
Engineer, CMDA Considering the risk to the lives and property
of over 1000 residents in the complex, thereafter, recover the
costs thereof from the respondents 2 to 6.
(b) Directing the 1st Respondent to De- Seal and remove the Lock
and Seal affixed on the Block D which was sealed on 1-8-2019
pursuant to the locking and sealing notice dated 12- 10- 2018
and 16 - 07 - 2019 for the Jains Westminster complex at No.24,
Arunachalam Road, Saligramam, Chennai 600 093 so as to
enable the petitioners to rectify the deviations in order to restore
the said Block D in consonance with the sanctioned Planning
permission by the virtue of Section 115 of the Tamil Nadu
Combined Development and Building Rules 2019, thereafter
recover the costs thereof from the respondents 3 to 6.
(c) Directing the 2nd Respondent not to register any documents in
any manner i.e., selling or alienating or mortgaging or dealing
with the unsold flats held by the respondents 3 to 6 and
annexed to the Writ Petition, considering the life and safety of
the prospective buyers due to the poor quality of construction of
Jains Westminster Residential Complex which has resulted in
the structural weakness of the Property till such time the
aforesaid irregularities are duly rectified by Respondents 3 to 6,
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WP No. 12880 of 2022
(d) pass such other orders as this Court may deem fit and proper in
the circumstances of the case.
(e) Direct the Respondents 3 to 6 herein and other
Respondents/statutory authorities to render as much
cooperation and assistance as possible and as deemed
necessary by the Hon’ble Jains Westminster Settlement
Committee and to abide by various recommendations issued by
the Committee from time to time, subject to the orders to be
passed by this Hon’ble court on such recommendations,
including but not limited to,
(f) Directing the 1st Respondent/CMDA to pursue with Government
of Tamilnadu, Housing and Urban Development Department, for
grant of approval of the building plan submitted by Respondent
3 to 6 herein with the approval of the Honble Committee, in a
time bound manner.
(g) Directing the Respondents 3 to 6 herein to continue to deposit
the Rents to all owners and to the Petitioner Association, till
handing over of possession of flats, as recommended by the
Honble Jains Westminster Settlement Committee including the
periodical escalations as may be recommended by the Honble
committees and approved by this Honble Court.
(h) Directing the Respondents 3 to 6 herein to give a time schedule
for the completion of the redeveloped Apartments and to strictly
and scrupulously adhere to said time schedule approved by the
Honble committee and this honble Court and any failure or
unreasonable departure to be met with serious consequences.
(i) Directing the Hon’ble Committee to monitor the Pile integrity test
of Jains Westminster by IIT or an agency of similar competence
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WP No. 12880 of 2022
after demolition and to recommend new pile foundation or use
existing foundation with measures, if any to strengthen so as to
ensure the durability of the structure in the long term and to
continue to monitor if necessary with the help of experts as it
deems fit and necessary the adherence to approved plan of
redevelopment construction by Respondents 3 to 6 herein with
additional construction to be shared in ration 60-40 among
builder and owners, till timely handing over possession
individual apartments and common areas and amenities, utilities
etc as promised to the owners, and to direct the Respondents 3
to 6 herein to pay the expenses of such experts as may be
recommended by this Hon’ble Committee and the administrative
expenses and fee/remuneration of the Jains Westminster
Settlement Committee till completion of construction and hand
over possession to all owners.
(j) Directing the CMDA, RERA, Corporation of Chennai,
TANGEDCO, Tamilnadu Pollution Control Board, Fire and
Rescue, CMWSSB, concerned Police and other statutory
authorities to fast track the process for planning permission and
any other license, approvals, permits etc., as may be required to
expedite the reconstruction timelines.
(k) Directing the Jains Westminster Settlement Committee to admit
claims of the Writ Petitioner against Respondents 3 to 6 herein
towards sharing of additional construction in ratio of 60-40 for
the present and appropriate compensation to owners towards
their rightful share in additional construction and wrongful
retention of Undivided share of land in respect of D and E Block,
AHU units converted into flats that are contrary to the original
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WP No. 12880 of 2022
approved plan and to redistribute the UDS withheld by
respondent builder to the Writ Petitioner/owners in the manner
as may be deemed fit and proper by the Honble Committee and
approved by this honble court,
(l) Directing the Jains Westminster Settlement Committee to admit
various claim of the Writ petitioner against Respondents 3 to 6
herein towards payment of Rs.2,20,75,308/- towards corpus
fund and maintenance charges from 01.04.2018 to 31.03.2020
as per the bye-laws of the association and further maintenance
charges as applicable from 01.04.2020 upto this date in respect
of the unsold flats held by them which is payable to the
Petitioner Association along with interest at rate of 7 percentage
p.a., and to pass suitable recommendations and directives to
Respondents 3 to 6, and approved by this hon’ble court.
(m) Directing the Jains Westminster Settlement Committee to
admit claim of the Writ petitioner against the Respondents 3 to 6
herein to account for and pay the Writ Petitioner all the
revenues by way of rent and other income received by leasing
the commercial space illegally constructed by them in Block D,
within a time stipulated by this Honble Court.
(n) Directing the Jains Westminster Settlement Committee to admit
claim of the Writ petitioner against the Respondents 3 to 6
herein in respect of cancellation of the sale deeds in respect of
the 5 illegal flats constructed in the non-FSI area meant for Air
Handling Units (AHU) as per original approved plan and to
redistribute the UDS wrongfully earmarked for the said 5 illegal
flats.
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WP No. 12880 of 2022
(o) Directing the Jains Westminster Settlement Committee to admit
claim of the Writ petitioner against the Respondents 3 to 6
herein towards compensation for loss of interiors, repairs, and
improvements made by each owner due to demolition, and to
recommend with aid of assessors for suitable compensation to
all owners, and also to pay a sum of Rs.5,00,000/- to each of
the flat owners as compensation towards mental agony, and
hardship suffered by the owners.
(p) To Advise the Jains Westminster Settlement Committee to file
interim status reports before this Honble Court to enable this
Honble Court to pass suitable orders as may be just and
expedient.
(Prayer amended (additional reliefs (e) to (p) added vide order
dated 24.02.2026 made in W.M.P.No.5538 of 2026 by ASMJ
and MSKJ).
For Petitioner(s): Mr. J. Ravikumar
For Respondent(s): Mrs. Girijavelmurugan, Standing Counsel for R1
B.Sivakollappan
Additional Government Pleader For R-2
Mr.Nithyesh Nataraj
For Mr.Vaibhav R.Venkatesh For R3 to R6
Mr. Arun C. Mohan For R7
Mr.Kingston Jerald For R-8
Mr.S.Giridharan For 9-15
Mr.D.B..R Prabhu, Standing Counsel For R-17
Mr.K.Srinivasamurthy For R-48
Ms. Vishnupriya Upendran
Counsel For Settlement Committee
No appearance – R18,R21,R22 to 34,R35 to 45
Not ready in notice - R19
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WP No. 12880 of 2022
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted by Jains Westminster
Owners Welfare Association represented by its President. Multiple reliefs
involving disputed issues are sought for in the writ petition. The writ petition is
pending from the year 2022 and this Court has monitored the activities of the
parties with reference to the reliefs sought for in the writ petition through a
Court appointed Committee consisting of two retired Hon’ble Judges.
2. The facts in brief are that the respondent builder entered into an
agreement with the respective apartment buyers for construction of flats viz.,
Jains Westminster at Door No.24, Block No.38, Arunachalam Road,
Saligramam, Chennai 600 093 and provide amenities as scheduled in the
agreement. The petitioner association was established for managing,
maintaining and administering the common property belongs to joint owners.
The members of the petitioner association are bonafide purchasers of their
respective flats in the residential complex to be constructed by the builder.
The petitioner association is registered under the Tamil Nadu Societies
Registration Act and the bye-laws of the Society are approved by the
competent authority under the Act. The petitioner association raised
allegations regarding structural deviations in the construction of the residential
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WP No. 12880 of 2022
housing complex constructed by the respondent builder and for not providing
amenities and infrastructure facilities as agreed between the parties at the
time of purchase. The petitioner association has pleaded several deviations,
violations and breach of the terms of agreement and breach of trust on the
part of the respondent builder, which resulted in filing of the writ petition.
3. There were allegations regarding structural defects and deviations,
which caused concern to the bonafide purchasers, resulted in approaching
this Court. The Court appointed committee, with the assistance of experts
from IIT Madras, inspected the building and found that the structural design
and its implementation made by the builder was not in consonance with the
building plan approval and the standards required for construction of 17
storeyed building during the relevant point of time. In compliance with the
expert’s opinion through the Committee, the structure constructed was
demolished in entirety in pursuance to the orders of this Court and directions
were issued to reconstruct the residential complex and hand over the
respective flats to the bonafide purchasers / members of the petitioner
association. Admittedly, the entire structure was demolished and now the
land is vacant. The committee appointed by this Court is periodically
monitoring the development so far and also the payment of monthly rent to the
purchasers, enabling them to occupy rented houses till such time the new
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WP No. 12880 of 2022
complex is constructed and handed over to the members of the petitioner
association. This interim arrangement is continuing and not in dispute
between the parties.
4. Four years lapsed. Structures constructed were demolished. The
members of the petitioner association are in occupation of rented houses and
the monthly rent is being paid by the respondent builder. This Court passed an
order on 07.10.2026 issuing the following directions:
(i) the respondents 3 to 6/builders are directed to sit along
with the competent authorities of the CMDA, rectify all the
defects / errors pointed out by the CMDA and re-submit the
building plan for approval within a period of two weeks from
today.
(ii). It is made clear that no further time will be granted, and in
the event of failure on the part of the builders to re-submit the
building plan approval, this Court will be constrained to take a
serious view of the matter.
(iii). On rectification of such defects by respondents 3 to
6/builders, the competent authorities of the CMDA are
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WP No. 12880 of 2022
directed to verify the same, and if the building plan application
is otherwise in order, grant necessary approval within a period
of one week from the date of expiry of the period of two
weeks from today.
(iv). On receipt of building plan approval from the CMDA,
respondents 3 to 6/builders shall commence construction
forthwith and construction activities shall be monitored by the
Settlement Committee, so as to ensure that constructions are
completed within a reasonable period. This Court will be in a
position to fix the timeline for completion of the building after
grant of building plan approval by the CMDA.
5. In pursuance to the directions issued by this Court, the respondent
builder approached the CMDA authorities, rectified the defects in the plan and
submitted the application for building plan approval. Pertinently, the CMDA
has passed the order vide Letter No.CMDA/PP/HRB/S/0579/2025 dated
22.10.2026 granting building plan approval. The building plan approval
granted by the CMDA is valid for the period from 22.10.2026 to 21.10.2034.
The respondent builder has to approach the Commissioner, Greater Chennai
Corporation for issuance of planning permit under the Local Bodies Act in
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WP No. 12880 of 2022
pursuance to the building plan approval granted by CMDA vide approval dated
22.10.2026. On receipt of such planning permit, the respondent builder has to
commence building construction without any further loss of time.
6. Learned counsel for the petitioner would mainly contend that the
Committee may be allowed to continue its monitoring till such time the entire
building is completed and handed over to the members of the petitioner
association. The committee appointed by this Court has to monitor every
aspect of the construction and report before this Court to ensure that the
building is strictly in accordance with the building plan permission and as per
the standards.
7. Learned counsel for the respondent builder would oppose by stating7
that the case has reached a stage where the structures previously constructed
were demolished, revised plan was submitted and the CMDA has granted
building plan approval. Therefore, the respondent builder has to commence
the construction activities by engaging experts in the field, complete the 21
storeyed residential complex and hand over the flats to the members of the
petitioner association. They would further submit that the respondent builder
will observe all formalities, maintain the construction standards and ensure
that there is no deviation or violation and after completion, will hand over the
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WP No. 12880 of 2022
flats to the owners. The builder would further submit that they undertake to
pay the monthly rent to the bonafide purchasers till such time the respective
flats are handed over to the members of the petitioner association. They
would further submit that monitoring the construction activities by the Court
appointed Committee consisting of retired Hon’ble Judges is unnecessary and
the builder has to unnecessarily bear huge expenditure.
8. Learned counsel appearing on behalf of the CMDA would submit that
the authorities will monitor the building activities by conducting periodical
inspection as mandated under the relevant provisions of the Statutes and
Rules in force. The Corporation authorities are also bound to monitor and
ensure that the subject building is constructed strictly in accordance with the
building plan approval including the amenities and infrastructure to be
provided.
9. No doubt, the purchasers underwent mental agony and are suffering.
The builder has committed deficiency in services. However, by the
intervention of this Court, a Committee was appointed consisting of two retired
Hon’ble Judges of the High Court, who in turn, engaged experts from the
Indian Institute of Technology(IIT) and as per their opinion, the structure
constructed by the builder was demolished in entirety. The land remains
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WP No. 12880 of 2022
vacant. Revised building plan has been submitted and now the CMDA has
granted building plan approval. Therefore, after observing all further
formalities with the Chennai Corporation, the respondent builder has to
commence construction activities. Learned counsel for the respondent builder
would submit that the building construction in entirety will be completed within
a period of 30 months from the date of planning permit by the Greater
Chennai Corporation. Till such time, the monthly rent will be paid to the
members of the petitioner association as agreed between the parties and as
per the orders of this Court.
10. In view of the above facts, which are not seriously disputed between
the parties, further continuance of the Committee may not be required in this
case because, the building activities are to be monitored by the competent
authorities of CMDA and Chennai Corporation as mandated under the
relevant provisions of the Statutes and Rules in force. When the statutory
authorities are bound to monitor the building construction made in Chennai
City and to ensure that such constructions are made in consonance with the
building plan approval granted and the infrastructure amenities are provided
as required under the Acts and Rules, further monitoring by the Committee
consisting of retired Hon’ble Judges may not be necessary. Courts appoint
Committees only for a limited purpose to ensure if any gross injustice is
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WP No. 12880 of 2022
noticed in certain cases. Appointment of the Committee may not be a routine
affair. Power of judicial review under Article 226 of the Constitution of India is
limited. High Court cannot monitor building construction activities stage-wise
by appointing a Committee, which is unnecessary. In the present case, at the
initial stage experts opinion was required to assess the structural stability.
Committee appointed IIT experts and the said structure was wholly
demolished. Therefore, this Court is of the considered view that further
construction activities are to be carried on by the respondent builder in
accordance with the building plan approval and as per required standards and
by providing the amenities and infrastructure facilities as agreed by them with
the members of the petitioner association.
11. In view of the above facts and circumstances, this Court is inclined
to pass the following orders:
th
(a) The 17 respondent / Commissioner, Greater Chennai
Corporation is directed to grant building permit under the Local
Body Act within a period of two weeks from the date of receipt
of a copy of this order. In this regard, the respondent builder is
directed to approach the Commissioner, Greater Chennai
Corporation and ensure that the building permit is obtained as
required under law and by complying with the requirements.
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WP No. 12880 of 2022
(b) On receipt of such building permit from the Greater Chennai
Corporation, the respondent builder is directed to commence
the building construction and complete the proposed 21
storeyed residential complex within a period of 30 months from
the date of grant of building permit by the Greater Chennai
Corporation.
(c) Respondent No.17 – Greater Chennai Corporation and
Respondent No.1 – CMDA are directed to conduct periodical
inspections as required under the Act and Rules and ensure
that the building constructions are made strictly in accordance
with the standards and as per the building plan approval
granted by the competent authorities.
(d) The respondent builder is directed to engage experts to
ensure that the building is constructed in accordance with the
structural design and the standards as required under law.
(e) In the event of any differences during the process of
construction, the petitioner association is at liberty to approach
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WP No. 12880 of 2022
the builder who in turn is directed to convene meeting with the
association and resolve the issues amicably so as to complete
the construction activities in a peaceful manner.
(f) The respondent builder is directed to pay monthly rents
directly to the owners of the building by securing their
particulars from the Committee or from the petitioner
association. The builder is directed to pay the monthly rents
punctually to the members of the petitioner association
occupying rental premises till such time they complete the
project and hand over the respective flats to the members of
the petitioner association.
(g) The rent deposits made in the Indian Bank, High Court Branch
is directed to be handed over to the builder by the Committee
within a period of two weeks from the date of receipt of a copy
of this order.
(h) The respondent builder is directed pay the balance fees, if any
to the Court appointed Committee members within a
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WP No. 12880 of 2022
period of two weeks from the date of receipt of a copy of this
order.
(i) The services of the Committee rendered in the interest of the
purchasers stand appreciated and in view of the present order,
the Committee constituted by this Court is dissolved.
(j) The respondent builder is directed to scrupulously adhere to
the timelines fixed by this Court in this order and in the event
of any failure on the part of the builder, the petitioner
association is at liberty to approach this Court.
12. With the above directions, the writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (R.R.V.,J.)
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KST
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WP No. 12880 of 2022
To
1. The Member secretary
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road, Egmore, Chennai-
600 008.
2. The Sub Registrar
Virugambakkam Sub Registrar Office, 47/5,
Arcot Road, udhayam Colony, Lambert Nagar,
Virugambakkam,Chennai- 600 083.
3. M/s.Jain Housing
A Registered Partnership Firm Rep by its
Partner 98 / 99, Habibullah Road, T.Nagar,
Chennai- 600 017.
4. The Commissioner, Greater
Chennai Corporation, Rippon Buildings,
Chennai 600 003.
5. The Member Secretary,
Tamil Nadu Pollution Control Board, No.76,
Anna Salai, Guindy, Chennai.600 032.
6. The Director, Airport Authority
Of India, Chennai International Airport,
Chennai.600 027.
7. The Chief Engineer (buildings)
Public Works Department, Chepauk,
Chennai.600 005.
8. The Managing Director, Chenai
Metropolitan Water Supply And Sewerage
Board, No.1, Pumping Station Road,
Chintadripet, Chennai.600 002.
9. The Assistant Engineer,
Operation And Maintenance, Tangedco,
Saligramam, Chennai.600 093.
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WP No. 12880 of 2022
10. The Executive Engineer,
Operation And Maintenance, Tangedco,
K.K.Nagar, Chennai.600 078.
11. The State Environment Impact Assessment
Authority(seiaa), Iii Floor, Panagal Maaligai,
Saidapet, Chennai.600 015.
12. The Director Of Tamil Nadu Fire
And Rescue Services Department, No.17,
Rukmani Lakshmipathy Road, Egmore,
Chennai.600 008.
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WP No. 12880 of 2022
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
KST
WP No. 12880 of 2022
29-10-2026
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