K.P.K.Residents Welfare Assn, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.25620 of 2014 K.P.K.Residents' Welfare Association, Represented by its Secretary Selvam, No.15, Patel Street, Kamaraj Nagar, Avadi, Chennai - 71.

... Petitioner .Vs.

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Commissioner, Avadi Municipality, Avadi, Chennai - 54.

3. The Joint Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.

... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring the 27 cents of land situated in Survey No.716/18A and 18B, Paruthipattu Village, Poonamallee Taluk, Thiruvallur District as children play space as provided in the approved layout in the order passed by the 3rd respondent dated 27.04.1967 in LPDM No.144/66 and consequently direct the 1st and 2nd respondent to ensure that the said place has been used for children play space as per the approved layout.

For Petitioner : M/s.U.Anunitha For R1 and R3 : Mr.C.Kathiravan Government Advocate For R2 : Mr.P.Srinivas

O R D E R

(Through Video Conferencing) The relief sought for in the present writ petition is to declare 27 cents of land situated in Survey Nos.716/18A and 18B, Paruthipattu Village, Poonamallee Taluk, Thiruvallur District, as children play space, as provided in the approved layout, in the order passed by the 3rd respondent, dated 27.04.1967, and consequently direct the 1st and 2nd respondents to ensure that the said place has been used for children play space as per the approved layout.

2.Mr.P.Srinivas, learned counsel appearing on behalf of the 2nd respondent Municipality (erstwhile Avadi Municipality, now Avadi Corporation), on instructions, made a submission that the said portion of the land is being maintained as a park by the authorities, as per the approved layout. The learned counsel for the 2nd respondent/Avadi Corporation placed the photograph of that area, which reveals that the said portion of the land is being utilized as park and play area.

3.This being the submission made, the grievance of the petitioner did not exist as of now. Thus, no further adjudication is required and accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mkn To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Commissioner, Avadi Municipality, Avadi, Chennai - 54.

3. The Joint Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.

+1cc to Mr.P.Srinivas, Advocate, S.R.No.55802 +1cc to the Government Pleader, S.R.No.56208 W.P.No.25620 of 2014 PL(CO) PM/12/11/2021