Mohan Ramasamy Iyer, v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.11603 of 2018 Mohan Ramasamy Iyer, Represented by his Power Agent Mr.S.Viswanathan .. Petitioner Vs.
1. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.
2. The Commissioner, Directorate of Town and Country Planning, No.807, Anna Salai, Chennai-600 002.
3. The District Revenue Officer, Kancheepuram District, Kancheepuram.
4. The District Collector, Kancheepuram District, Kancheepuram.
5. Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 006.
6. The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to consider and pass appropriate orders on the representation of the petitioner, dated 17.12.2015, which was made in pursuance of his mother's representations, dated 07.08.2013 and 14.11.2014 in respect of restoration of Open Space Reservation land to the original owner in respect of property measuring an extent of 21.3 grounds comprised in Survey
No.256/13 A in Medavakkam Village, Tambaram Taluk, Kancheepuram District in the light of G.O.Ms.No.743, dated 10.05.1979 issued by the Department of Housing and Urban Development Department within the time frame fixed by this Court.
For petitioner : Mr.T.Ramkumar For respondents: Mr.N.Sampath for R-1 MrV.Shanmuga Sundar, Spl.G.P. for RR-2 to 6
ORDER
The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to consider and pass appropriate orders on the representation of the petitioner, dated 17.12.2015, which was made in pursuance of his mother's representations, dated 07.08.2013 and 14.11.2014 in respect of restoration of Open Space Reservation land to the original owner in respect of property measuring an extent of 21.3 grounds comprised in Survey No.256/13 A in Medavakkam Village, Tambaram Taluk, Kancheepuram District in the light of G.O.Ms.No.743, dated 10.05.1979 issued by the Department of Housing and Urban Development Department within the time frame fixed by this Court.
2. Heard both sides and perused the materials available on record.
3. Without adverting into the merits of the matter, it is directed that the representation, dated 17.12.2015 of the petitioner shall be considered by the first respondent, after hearing the petitioner, complainant and others who are likely to be affected. The first respondent shall thereafter pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. It is made clear that till the said representation is disposed of and a final decision is taken thereon, there shall be no construction in the OSR. While passing orders, it is to be noted that the authorities shall not regularise any encroachment in the Open Space Reserve (OSR), as it is like lung space of the area, which needs to be protected and restored, as has been observed by the Supreme Court in number of cases and the Open Space Reserve (OSR) cannot be used for a different purpose. No costs.
s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar
cs To
1. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.
2. The Commissioner, Directorate of Town and Country Planning, No.807, Anna Salai, Chennai-600 002.
3. The District Revenue Officer, Kancheepuram District, Kancheepuram.
4. The District Collector, Kancheepuram District, Kancheepuram.
5. Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 006.
6. The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District.
+1 CC to Govt. Pleader sr 35352.
+1 CC to Mr.T. Ramkumar, Advocate sr 34927.
+1 CC to Mr.N. Sampath, Advocate sr 34451.
W.P.No.11603 of 2018 KAN(CO) SP(14/06/2018)