Alliance Of Resident Welfare Associations v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Alliance of Resident Welfare Associations an Association registered under the Tamil Nadu Societies Registration Act, 1975 No.888, Syndicate Bank Colony, 10th Street D Sector, Chennai 600 101 rep. by its General Secretary J.M.S.Nagarjunan.

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Petitioner Vs.

1. The Commissioner Greater Chennai Corporation Rippon Building, Chennai 600 003.

2. The Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No1, Gandhi Irvin Road Egmore, Chennai 600 008.

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Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to develop the area earmarked as park in the map bearing No.4 and D.D.P.(S)/

M.M.D.A.No.7/79 of Gandhi Nagar Area Plan as approved by the Planning Authority, the second respondent herein in Block No.35 of Kottur Village by removing all the encroachments. For the Petitioner : Mr.R.Raveendran For the Respondents : Mr.A.Arun Babu Standing Counsel for Respondent-1 Mr.Y.Bhuvanesh Kumar Standing Counsel for Respondent-2

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Raveendran, learned counsel for the petitioner, Mr.A.Arun Babu, learned Standing Counsel for the first respondent and Mr.Y.Bhuvanesh Kumar, learned Standing Counsel for the second respondent.

2. Learned counsel for the petitioner submits that the land is reserved for park, but no steps are taken for development for many years.

3. As the representations are given, the first respondent shall decide the said representations dated 11.03.2023 and 25.10.2023 on its own merits and in accordance with law and policy, preferably, within a period of one year.

4. The writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.03.2024 Index :

Yes/No :

Yes/No kpl To

1. The Commissioner Greater Chennai Corporation Rippon Building, Chennai 600 003.

2. The Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No1, Gandhi Irvin Road

Egmore, Chennai 600 008.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 07.03.2024