Jal Vayu Garden Welfare Association v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2025
CORAM:
THE HONOURABLE MRS. JUSTICE N.MALA Jal Vayu Garden Owners Welfare Association (JVGOWA) Rep by its President Cdr.R.Murugaanand Madambakkam, Chennai 600 126.
... Petitioner Vs
1. The District Collector Chengalpattu District.
2. The Commissioner Tambaram Municipal Corporation Tambaram, Chennai 600 045.
3. The Assistant Engineer Zone-V, Tambaram Municipal Corporation, Tambaram, Chennai 600 045.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the 3rd respondent to 1/6
consider the representation dated 18.06.2025 to initiate appropriate action in accordance with law.
For Petitioner : Mr.N.Saravanan For Respondents : Mr.P.Srinivas Standing Counsel for R2 & R3 Mr.V.Manoharan Addl. Government Pleader for R1
O R D E R
This writ petition is filed for a writ of mandamus, directing the 3rd respondent to consider the petitioner's representation dated 18.06.2025, and to initiate appropriate action in accordance with law.
2. With the consent of both side counsels the main writ petition is taken up for disposal.
3. The petitioner association is located in the Jal Vayu Gardens, a housing colony for Air Force and Naval personnel, established by Air Force Naval Housing Board, New Delhi. The petitioner's Association purchased from the Sub Collector, Land Acquisition Department, 2/6
Saidapet, lands in Survey No.763/1, Madambakkam Village, Tambaram Taluk, admeasuring 5.023 acres. The petitioner states that thereafter, AFNHB executed a gift deed in favour of Madambakkam town panchayat between the year 2001 and 2003. Later, the Jal Vayu Gardens Owners Welfare Association was formed and registered in the name of ''Jal Vayu Garden Owners Welfare Association''. The main entrance to the property is situated on the north west corner, constructed with a pucca wall and in total, there are 55 plots within the Colony. The local panchayat laid an old road running from the North corner to South corner on the western side of JVG, connecting Ward No.68 and Ward No.69 in Zone 5. However, as the Panchayat road remained incomplete, the public were compelled to use the internal roads of the JVG colony. The JVG residents objected to the entry of the general public into the Colony. Consequently, certain unknown local persons with malafide intent, damaged and removed the south side corner back iron gate.
4. The gift deed categorically recorded that the survey no.763/1, was gifted for public use. However, certain local persons, misinterpreted 3/6
the gift deed, resulting in destruction of the south corner back gate, causing irreparable loss and hardship to the residents of JVG. The local authorities failed to take note of the gift deed and the conditions of the layout and their inaction caused further disturbance and interference with the peaceful enjoyment of the residents of JVG. Aggrieved thereby, the petitioner submitted representations to the 1st respondent on 19.01.2001, to the 2nd respondent on 27.01.2024 and finally again to the 3rd respondent on 18.06.2025. Since no action was taken on the three representations, the petitioner filed the above writ petition for the aforesaid relief.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, this Court is inclined to direct the 2nd respondent to consider the petitioner's representation. Accordingly, this Court directs the second respondent, to consider the 4/6
petitioner's representation dated 18.06.2025, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition is disposed of. No costs.
14.08.2025 dpq Index: Yes/No Speaking order / Non speaking order To
1. The District Collector Chengalpattu District.
2. The Commissioner Tambaram Municipal Corporation Tambaram, Chennai 600 045.
3. The Assistant Engineer Zone-V, Tambaram Municipal Corporation, Tambaram, Chennai 600 045.
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N. MALA, J.
dpq 14.08.2025 6/6