M.Sadacharam, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.6769 of 2013 and M.P.No.1 of 2013 M.Sadacharam .. Petitioner -vs1.The Commissioner, The Department of Town and Country Planning, No.807, Anna Salai, Chennai-600 002.
2.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
3.The Commissioner, Corporation of Chennai, Zone-7, Ambattur, Chennai-600 053.
4.The Liquidator (Collector Assignor), Padi Co-Operative Housing Building Society, Assistant Registrar Office, No.18, Ramanathan Street, Mambalam, Chennai-600 017.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the third respondent to immediately discontinue and desist from carrying out and conducting any construction activity in the property situated at Kumaran Nagar, Padi Village, Ambattur Taluk, Thiruvellore District (presently Chennai District) comprised in Survey field numbers 262, 263/1 to 6, 265, 266, 267, 268, 269, 270, 1 and 2, 300/1 to 3, 301 and 302/3, in all measuring an extent of 23 grounds and 662 square feet earmarked for school
and children play ground as per the original plan approved by the Joint Director of Town Planning, Government of Madras in reference number L.P.H./DTP.No.105/64.
For Petitioner :
No Appearance For Respondents :
Mr.T.N.Rajagopalan Spl. G.P. for R1 & R2 Mr.K.Venkatramani Addl. Advocate General assisted by Mr.R.Arunmozhi for R3 Ms.T.Girija for R4
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner prays for a writ of mandamus seeking direction against the third respondent/Commissioner, Corporation of Chennai in effect to utilise the Survey Field Nos. 262, 263/1 to 6, 265, 266, 267, 268, 269, 270, 1 and 2, 300/1 to 3, 301 and 302/3 for school and children playground as per the original plan approved by the Town Planning Authority and not for any other purpose.
2. The learned Additional Advocate General refers to the counter-affidavit of the Corporation/respondent No.3, where the utilisation of the said land has been set out in paragraph 9 as under:- "9.I submit that the above said land is comprised into three parts i.e. (i) School and Playground in front of Mahatma Gandhi Street measuring about 13 grounds 164 sq.ft. (ii) Children's playground in front of Thiruvalluvar Street measuring about 5 grounds 149 sq.ft. and (iii) Children's playground in front of Lokmanya Tilak Street measuring about 5 grounds 118 sq. ft. in altogether measuring about 23 grounds and 662 sq. ft. Further I submit that the Corporation has initiated action to construct a compound wall with an estimated cost of Rs.14 lakhs. I submit that having no other suitable places to run subsidized Tiffin Centre in Division 88, Zone-VII, the Corporation of Chennai has constructed a small building measuring about 1430 sq. ft. for subsidized Tiffin Centre in a corner of item (i) i.e., 13 grounds, 164 sq. ft."
3. It is further stated in paragraph 10 as under:- "10.I submit that the above said land is required for the use of public and the welfare activities would be carried out by the Corporation of Chennai. In future, apart from 1430 sq. ft. the above said land will be utilised only for construction of the Children's Playground and School. Hence, it is just and necessary this Honourable Court may be pleased to direct the first respondent herein to hand over the above said land to the Corporation of Chennai for the use of public purpose."
4. In fact the Corporation assures that the original planning would be adhered to, but seeks possession of the park to carryout the needful.
5. In respect of the latter aspect, no directions are required from the Court.
6. The writ petition is closed. No costs. Consequently, M.P.No.1 of 2013 is also closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr To 1.The Commissioner, The Department of Town and Country Planning, No.807, Anna Salai, Chennai-600 002.
2.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
3.The Commissioner, Corporation of Chennai, Zone-7, Ambattur, Chennai-600 053.
+1cc to Mr.Ganesh & Ganesh, Advocate, S.R.No.64669 +1cc to Mr.R. Arun Mozhi, Advocate, S.R.No.64560 +1cc to the Government Pleader, S.R.No.64989 mv(CO) md(24/11/2016) W.P.No.6769 of 2013