M/S. Harini Arcade Housing v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.29378 of 2015 Harini Arcade Housing Welfare Association (Regn. No.184/2014) represented by its Secretary S.P.Gupta No.2/265-A1, Harini Arcade Vadavalli Post Coimbatore 641 041 Petitioner vs.

The District Collector Coimbatore The Commisisoner Periyanaickenpalayam Panchayat Union Periyanaickenpalayam Post Coimbatore The Executive Officer/The President Somayampalayam Special Grade Panchayat Somayampalayam Coimbatore S. Gunasekaran Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to consider their representation dated 12.11.2014 and 04.05.2015 and to remove the encroachments made by the fourth respondent in the park and overhead tank area in M/s. Harini Arcade situate in S.F. Nos.658/1, 2 and 4C, 659/2, 660, 662/1, 2 Part 3 of Somayampalayam Village, Periyanaickenpalayam Panchayat, Coimbatore District

For petitioner Mr. Babu Rangasamy For R1 Mrs. A. Srijayanthi Special Government Pleader For RR 2 & 3 Mr. R. Ravichandran Additional Government Pleader

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the first respondent. Mr. R. Ravichandran, learned counsel, accepts notice for respondents 2 and 3. Notice to the fourth respondent is dispensed with at this stage, as, no action can be taken without affording an opportunity of hearing to him. Thus, with the consent of the learned counsel for the petitioner, learned Special Government Pleader and the learned counsel for respondents 2 and 3, the writ petition is taken up for final disposal at the admission stage itself.

The petitioner is a Housing Welfare Association. Feeling aggrieved by the inaction on the part of the first respondent in not considering the representation dated 04 May 2015, the Secretary of the petitioner association, representing the residents of the said association, has preferred this writ petition. On a perusal of the petitioner's aforestated representation, it is noticed that the petitioner has not only made a complaint qua the alleged encroachment made by the fourth respondent, but also, sought a direction to hand over the park and overhead tank to the members of the petitioner association for their exclusive use and enjoyment.

Such a prayer cannot be granted, for, if the concerned park and overhead tank are public properties, it is held in trust for the use and enjoyment of the public and not confined to one section of the public or inmates of a particular apartment. Thus, we are not inclined to issue such a direction, as sought by the petitioner. However, we make it clear that if a representation is made by the petitioner, pointing out the encroachments made by anyone, including the fourth respondent, it is the obligation of the authorities to examine the same at once and ensure that the public properties, viz., park and overhead tank remain un-encroached by anyone. Such an exercise shall be completed within a period of four weeks from the date of receipt of representation from the petitioner.

The writ petition stands disposed of with the above observation and direction. Costs made easy.

-s/dAssistant Registrar(CSII) dt:29/9/2015 True Copy Sub-Assistant Registrar To The District Collector Coimbatore The Commisisoner Periyanaickenpalayam Panchayat Union Periyanaickenpalayam Post Coimbatore The Executive Officer/The President Somayampalayam Special Grade Panchayat Somayampalayam Coimbatore +1 cc to M/S.Babu Rangasamy, Advocate sr.50981 W.P. No.29378 of 2015 aa1/10/2015