Sreshta Riverside Owners v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & M.P.No.1 of 2014 Sreshta Riverside Owners Association Rep. by its Secretary Raja Door No.138/2 Wook Creek Road Nandambakkam Chennai-600 089
...Petitioner
Vs.
1. The Secretary to the Government Of Tamilnadu Department Of Municipal Administration & Water Supply Fort St. George Chennai-600 009.
2 The Special Commissioner Town & Country Planning Department No.807 Anna Saalai Chennai-2.
3 The Commissioner Corporation Of Chennai Chennai-3.
4 The Managing Director CMDA, No.1 Gandhi Irwin Saalai Egmore Chennai-600 008.
5 The Executive Officer Nandambakkam Town Panchayat Nandambakkam Chennai-89.
6 The Managing Director CMWSSB Dr.subbarayan Nagar Main Road Subbarayan Nagar Kodambakkam Chennai-24 ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Prohibition a) prohibiting the respondents 1 to 6 from changing modifying or altering the nature and use of the land earmarked as Park and b) consequentially directing the respondents 1 to 6 to demolish the constructions whatsoever made on the land earmarked as park and restore it to its original nature of a park and use as a park. For Petitioner : Mr.T.Madhusudhan Reddy For Respondents : Mr.K.M.D.Muhilan, AGP for R1 and 2 Mrs.Ashwini Devi for R3 Mr.N.P.Kumar for R4 and 5
O R D E R
Writ Petition is filed seeking to prohibit the respondents 1 to 6 from changing modifying or altering the nature and use of the land earmarked as Park and consequentially directing the respondents 1 to 6 to demolish the constructions whatsoever made on the land earmarked as park and restore it to its original nature of a park and use as a park.
2. It is the contention of the petitioner that the subject land in question is left for OSR and park has been developed. Originally the land has been gifted to Nandambakkam Town Panchyat/5th respondent. All of a sudden 6th respondent trying to put up a construction in the park areas.
3. Learned counsel for the 6th respondent would submit that there is no proposal to utilize the OSR land for any other purpose. The only grievance is that the public also should be allowed to use the park.
4. In such view of the matter, as the 6th respondent has no plan to utilize the building for any other purpose other than the park, the question of passing an order restraining them does not arise at all.
5. Accordingly, the Writ Petition is closed with the observation that the area ear marked as OSR all the people including the public have a right to use the park. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
15.12.2022 kpr Internet:Yes Speaking/non-speaking order To
1. The Secretary to the Government Of Tamilnadu Department Of Municipal Administration & Water Supply Fort St. George Chennai-600 009.
2 The Special Commissioner Town & Country Planning Department No.807 Anna Saalai Chennai-2.
3 The Commissioner Corporation Of Chennai Chennai-3.
4 The Managing Director CMDA, No.1 Gandhi Irwin Saalai Egmore Chennai-600 008.
5 The Executive Officer Nandambakkam Town Panchayat Nandambakkam Chennai-89.
6 The Managing Director CMWSSB Dr.subbarayan Nagar Main Road Subbarayan Nagar Kodambakkam Chennai-24
N. SATHISH KUMAR, J.
kpr & M.P.No.1 of 2014 15.12.2022