Annai Education And Social Service Trust v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Annai Education and Social Service Trust Rep. by its Founder Secretary Mr.Siva Gunasekharan Door No.21/11 Samy Street, Choolai, Chennai - 600112 : Petitioner versus 1.The Secretary to Government Municipal Administration and Water Supply Department, Fort St George, Chennai - 9.
2.The Commissioner Greater Chennai Corporation Ripon Building. Chennai - 3.
: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from continuing to construct dog family planning centre in the land comprised in S.No. 1267/1, Block No.26, Zone 5, Unit XIV, Division 58 of the Corporation of Chennai, which is reserved exclusively for the use of children as playground, and consequently directing the respondents to restore the playground for the exclusive use of children as playground.
For Petitioner :
Dr.C.Ravichandran For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader, for the first respondent
Mr.M.Suresh Kumar, Additional Advocate-General, assisted by Mr.A.Arun Babu, for the second respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed by the petitioner alleging that the land comprised in S.No.1267/1, ad- measuring 3 Hectares 43 Ares and 94.5 sq.m, situated in Vepery Village, Chennai, has been put to various uses; whereas the entire land is to be used only for the purpose of playground/park. He would further submit that whenever attempts were made to put the land for some other use, various orders have been passed by this Court from time to time. It is also submitted that now the respondents have proceeded to construct an animal birth control centre, which is impermissible.
2. We are quite surprised that the petitioner has chosen to challenge the said action when large number of other activities are already going on, to which no objection was raised by the petitioner.
3. As reflected from the counter-affidavit of the second respondent, it is found that 71% of the total area under the said
survey number is used for the purposes of playground, indoor stadium, gallery, gym and yoga centre, comprising an extent of 2.45.30.5 hectares. Apart from that, the subject land already has a community hall, library and night shelter, ceremony hall and also animal birth control centre, constituting 8% of the total subject land. What is more surprising is, various non-public purposes are also allowed; which includes petrol bunk, shopping complex, gas godown and Moore market shops, which comprise 21% of the total subject land.
4. However, the petitioner has woken up from a deep slumber to challenge only when the authorities have taken steps to use a very small portion of the land to construct an animal birth control centre. Therefore, we are not inclined to examine any of the issues at the instance of the petitioner. The petition stands dismissed. There will be no order as to costs. Consequently, WMP No.35544 of 2025 is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 23.10.2025 tar
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.
(tar) To 1.The Secretary to Government Municipal Administration & Water Supply Department, Fort St George, Chennai - 9.
2.The Commissioner Greater Chennai Corporation Ripon Building. Chennai - 3.
23.10.2025