Madras HC refuses to stay construction of hospital, commercial complex

The bench, however, recorded the submission of senior counsel of RMCCE Trust that it would not claim any equity, based on the superstructure to be constructed, pending adjudication of multiple civil suits.The bench observed that grant of interim injunction at this stage would cause irreparable loss to the parties, who wanted to develop the property and not the others, who sought the injunction.

The Madras High Court has refused to stall construction of a multi-storey hospital and commercial complex in the Chettinad House in Rajah Annamalai Puram here.

The construction is estimated at about Rs 500 crore on over 40 grounds situated adjacent to Chettinad Ashram, an educational institution, on Paul Dhinakaran Road (previously known as Greenways Road).

The division bench of Justices Paresh Upadhyay and D Bharatha Chakravarthy refused to restrain Rajah Muthiah Chettiar Charitable and Educational Trust (RMCCET), Chettinad Logistics Private Limited and MAMR Muthiah from proceeding with the construction, recently.

The bench was dismissing appeals from Kumara Rani Meena Muthiah, Kumara Rajah Muthiah School of Traditional Arts and Crafts, a public charitable trust represented by its secretary Meena Muthiah and Dr M A M Ramaswamy Chettiar of Chettinad Charitable Trust.

The appeals challenged the orders of a single judge, who refused to grant an interim injunction on the construction. The bench, however, recorded the submission of senior counsel of RMCCE Trust that it would not claim any equity, based on the superstructure to be constructed, pending adjudication of multiple civil suits.

The bench observed that grant of interim injunction at this stage would cause irreparable loss to the parties, who wanted to develop the property and not the others, who sought the injunction. The constructions could be demolished at any time and the land could be restored back to those who establish their title after a full-fledged trial in the civil suits, the bench pointed out. A decision on title could be rendered only after the disposal of the pending civil suits over the property. The balance of convenience was in favour of the property developers. Hence, no injunction could be granted, the bench added.

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