Senthil Nagar Residents v. The Chief Secretary

WP No.34647 of 2014 The Hon`ble The CHIEF JUSTICE and The Hon`ble Mr Justice T. S. SIVAGNANAM Senthil Nagar Residents Welfare Assn., rep. by its Secretary, Mr.M.Vadivel, No.15/113, 7th Cross Street, Senthil Nagar, Kolathur, Chennai-99 Vs The Chief Secretary Government of Tamilnadu, St. George Fort, Chennai and 3 others.

The Regional Deputy Commissioner of the Chennai Corporation has affirmed an affidavit stating that the disputed site was neither earmarked as public space nor handed over to the local body as public utility land. 2.Learned counsel for the petitioner-association seeks to file an objection to the report.

3.We are, however, of the view that keeping in mind that the present petition is in the nature of Public Interest Litigation, all that could be required to be done was for the concerned authority to examine the matter and submit a report. Now, what the petitioner seeks to raise are disputed questions of fact, which will have to be gone into in trial only. We are, thus, not inclined to pass any further directions, but the petitioner is at liberty to establish their rights in civil proceedings.

[CJ] [T S S J] 26/06/2015 SRA