All India Sports Players v. Tamil Development And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. No.16607 of 2016 and W.M.P.No.14347 of 2016 All India Sports Players Welfare Association, Rep. By its General Secretary, J.Moses David Raj.

.. Petitioner -vs1.Tamil Development and Information (Exhibition) Department, rep by its General Secretary, Tamilnadu Secretariat, Fort St. George, Chennai.

2.The District Collector, Thiruvallur District, Thiruvallur.

3.R.Shakuntala .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration to declare the decision of the 1st respondent to grant permission to the 3rd respondent Ms.R.Shakuntala, Proprietor of M/s.Raja Muhil Amusement and Entertainment, vide letter No.4656/Exhibition/2016/28.03.2016 dated 28.03.2016 to conduct Exhibition at Dunlop Playground is illegal and unconstitutional, and consequently direct the 1st respondent not to change the user of the land at Dunlop Playground, 512, M.T.H.Road, Ambattur, Chennai 600053 in 1.5 acres as a public playground. For Petitioner :

M/s.R.Vaigai, Sr. C., for M/s.Sudha Ramalingam For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.Shanmugasundar, G.A.

For RR 1 and 2

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The land is a private land which vests with the company. It appears that since the company went into difficult times, this area which was possibly earmarked for sports activities while being assigned, is being used by the residents of the area. The grievance of the petitioner is that now some exhibition is sought to be held in the play ground, which was even resisted earlier as also now, not only by such persons who are utilising the land as a playground, but also by the company. 2.Learned senior counsel for the petitioner further submits that the police has a strong objection to the holding of the exhibition in the ground, but despite that the Collector wrote to the Government as if the police have no objection and she subsequently back-tracked even on that.

3.We are not inclined to entertain the Public Interest Litigation for the reason that this is a private land owned by the company. However, we do believe that the respondents would look into the complaints, if the procedure and processing of holding of the exhibition has not been cleared by the relevant authorities and the issue may be examined within a period of five (5) days.

4.Writ petition is closed with the aforesaid direction. No costs. Consequently, W.M.P.No.14347 of 2016 also stands closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The General Secretary, Tamil Development and Information (Exhibition) Department, Tamilnadu Secretariat, Fort St. George, Chennai.

2.The District Collector, Thiruvallur District, Thiruvallur.

+2cc to M/S.Sudha Ramalingam, Advocate Sr.27641 W.P.No.16607 of 2016 ksj(CO) srg(29/04/2016)