Madras High CourtWP/1447/2019disposed of

R.Sellathal v. The Commissioner,

2023-11-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.R.Sellathal 2.B.Shanthi 3.Krishnamoorthy 4.R.Venkatachalam 5.K.A.Sathiskumar 6.Dhakshinaa : Petitioners versus 1.The Commissioner Coimbatore City Municipal Corporation Coimbatore 2.The District Collector Coimbatore District 3.The Tahsildar Coimbatore South Taluk, Coimbatore 4.The Director/Commissioner Directorate of Town and Country Planning 807, Anna Salai, Chennai 2 5.The Deputy Director of Town & Country Planning Coimbatore Region, Dr.Nanjappa Road Corporation Shopping Complex Coimbatore 641 018 : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from constructing the Micro Composing Centre in the land reserved for park in the approved layout plan of Sivaram Nagar in LP/R (CN) NO.212/83 Sivaram Nagar South Enclave in LP/DTP No.1284/92 Sivaram Nagar West Extension II in LP/DTP. No.1137/95 and Sivaram Nagar in LP/DTP No.131/2004. For the Petitioner :

Mr.M.Sivavarthanan For Respondent No.1 :

Mr.K.Magesh For Respondents 2 to 5 :

Mr.T.K.Saravanan, Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Sivavarthanan, learned counsel for the petitioner, Mr.K.Magesh, learned counsel for the first respondent and Mr.T.K.Saravanan, learned Government Advocate, for respondents 2 to 5.

2. It is submitted that after the filing of the writ petition, no construction of Micro Composing Centre has been made in the land reserved for park on the subject writ land.

3. The Commissioner, Coimbatore City Municipal Corporation, has filed an affidavit. The officials of the Corporation visited the park

on 10.12.2018. The Unit of micro compost yard is put up only in a small portion of the public place and the same cannot be treated against the public interest. The park is maintained by the Corporation. The Corporation is not altering the usage of park and reserved site, and is maintaining the same as such.

4. In light of above, the writ petition stands disposed of. There will be no order as to costs. Consequently, WMP No.1597 of 2019 is closed.

(S.V.G., CJ.) (D.B.C., J.) 09.11.2023 Index : Yes/No : Yes/No tar To 1.The Commissioner Coimbatore City Municipal Corporation, Coimbatore 2.The District Collector, Coimbatore District 3.The Tahsildar Coimbatore South Taluk, Coimbatore 4.The Director/Commissioner Directorate of Town and Country Planning 807, Anna Salai, Chennai 2 5.The Deputy Director of Town & Country Planning Coimbatore Region, Dr.Nanjappa Road Corporation Shopping Complex, Coimbatore 641 018

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 09.11.2023