Sterling Avenue And v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.08.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 21502 of 2010 and M.P.Nos. 1 of 2010 & 2 of 2011 Sterling Avenue and Ramamurthy Avenue Residents Welfare Association Rep. by its Secretary No. 18, First Street, Sterling Avenue Sakthi Nagar, Porur Chennai - 116.

..Petitioner Vs.

1. The Secretary to Government Municipal Administration & Water Supply Department Fort St.George Chennai - 9.

2. The Chairperson CMWSSB, No.1, Pumping Station Road, Chennai - 5.

3. The Chairperson Tamil Nadu Pollution Control Board, Chennai - 32.

4. The District Collector Thiruvallur District

5. The Member Secretary Chennai Metropolitan Development Authority Chennai - 8

6. The Director of Town Panchayats, Kuralagam, Chennai - 1.

7. The Executive Officer, Porur Town Panchayat, Porur.

8. K.Ayotheyan

9. The Corporation of Chennai, Rep by its Commissioner, Ribbon building, Chennai - 600 003.

.. Respondents (R8 & R9 -Impleaded as per orders dated 21.09.2011 and 22.04.2013 respectively in MP.No.1/11 and MP.No.1/13). Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, forbearing the respondents from in any manner interfering or converting the open space area at S.No. 260/1-A1, Sterling avenue, Porur Village, Saidapet Taluk for sewerage or any other use other than a park. For Petitioner : M/s.Anbazhagan For Respondents : Mr.V.Manoharan, for R1.

Mr.M.Jothi kumar Senior Counsel for R3.

Mr.J.Ramesh, AGP, for R4.

Mr.G.Anantharangan, for R7.

(Chennai Corporation) Mr.P.Tamilmani, for R5.

O R D E R

The prayer sought for in this Writ Petition is for issuance of a Writ of Mandamus, forbearing the respondents from in any manner interfering or converting the open space area at S.No. 260/1-A1, Sterling avenue, Porur Village, Saidapet Taluk for sewerage or any other use other than a park.

2. Heard the learned counsel appearing on either side.

3. The learned Additional Government Pleader has brought to the notice of this Court that the Sterling Avenue is an unapproved layout, in which an extent of 19,600 Sq.ft (1821.56 Sq.m) allotted for park was handed over by Porur Residents Association vide gift deed No.15016 Dated 06.07.1990 to Erstwhile Porur Panchayat and the Executive Officer of erstwhile Porur Panchayat had handed over a part of the above vacant land to the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) vide letter C.No.678/2010, dated 16.09.2010 for the purpose of constructing Sewerage pumping station. The learned Additional Government Pleader further submitted that this Court had passed an order of Status Quo in W.P.No.21502 of 2010 on 21.09.2010.

4. The learned Additional Government Pleader further submitted that the Chennai Metropolitan Water Supply and

Sewerage Board (CMWSSB) has also been shifted to some other location and the project was also completed. It is also brought to the notice of this Court that the Greater Chennai Corporation has proposed to develop the vacant land measuring 1821.56 Sq.m. as a park. At present, the construction of compound wall is under progress to avoid unauthorised parking of vehicles and trespassers.

5. In view of the submissions made by the learned Additional Government Pleader, the prayer sought for by the petitioner's Association, is no longer in existence.

6. Accordingly, the writ petition is closed recording the submission made by the learned Additional Government Pleader. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to Government Municipal Administration & Water Supply Department Fort St.George Chennai - 9.

2. The Chairperson CMWSSB, No.1, Pumping Station Road, Chennai - 5.

3. The Chairperson Tamil Nadu Pollution Control Board, Chennai - 32.

4. The District Collector Thiruvallur District

5. The Member Secretary Chennai Metropolitan Development Authority Chennai - 8

6. The Director of Town Panchayats Kuralagam Chennai - 1.

7. The Executive Officer Porur Town Panchayat Porur.

8. The corporation of Chennai, Rep by its Commissioner, Ribbon building, Chennai - 600 003.

+1 cc to The Government Pleader SR.No.66747 +1 cc to Mr.G.Anantharangan, Advocate Sr.No.65841 +1 cc to M/s.Mcgan & Law Firm, Advocate Sr.No.66466 AKM/14.10.19/4P-12C / W.P.No. 21502 of 2010