Kns Garden Residential Welfare Association v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.10290 of 2020 and W.M.P.No.12509 of 2020 KNS Garden Residential Welfare Association, Karaipudur, Palladam, Rep by its, The President, Mr.P.Rathinakumar, Son of Palanisamy Gounder, No.7/258, P-1, KNS Garden, Sennimalaipalayam, Veerapandi Post, Tiruppur.
...Petitioner
Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai.
2.The Director, Town and Country Planning Department, No.807, Anna Salai, Chennai.
3.The Deputy Director, Town and Country Planning, Kumaran Complex, Opposite to Railway Station, Tiruppur.
4.The Block Development Officer, Palladam Panchayat Union, Palladam Taluk, Tiruppur District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondent No.1 to 4 from conversion and construction of building for self-help groups in the reserved park area comprised in Survey Number: 309, 310/1, 311/1 situated at KNS Garden, Sennimalaipalayam, Veerapandi Post, Tiruppur, Tiruppur District by considering petitioner representation dated 16.03.2020, 23.03.2020.
For Petitioner : Mr.Myilsamy For Respondents: Mr.E.Balamurugan
O R D E R
This writ petition has been filed for an issue of writ of mandamus forbearing the respondents from putting up any construction in an area that has been earmarked as a reserved park.
2. The petitioner association has filed this writ petition on the ground that the subject property has been earmarked as a reserved park and therefore the respondents do not have right to put up any construction in the property.
3. Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of the respondents brought to the notice of this Court the proceedings of the District Collector dated 22.07.2020 wherein a decision has been taken to shift the place of construction from the subject property to another property at Akkanampalayam Village in SF.No.608 and 609. The learned Special Government Pleader has also placed the relevant proceedings before this Court.
4. In view of the above development, the apprehension raised by the petitioner association no more survives. Recording the submission of the learned Special Government Pleader and the proceedings of the District Collector dated 22.07.2020, this writ petition is closed. No cost. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar To:
1.The Government of Tamil Nadu, Rep. by its Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai.
2.The Director, Town and Country Planning Department, No.807, Anna Salai, Chennai.
3.The Deputy Director, Town and Country Planning, Kumaran Complex, Opposite to Railway Station, Tiruppur.
4.The Block Development Officer, Palladam Panchayat Union, Palladam Taluk, Tiruppur District.
+1 cc to Mr.K.Myilsamy, Advocate,sr.26314.
Sks(co) krd 24/8 W.P.No.10290 of 2020 and W.M.P.No.12509 of 2020