Pirashitha Owners Welfare Association Irumbuliyur v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-06-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.6254 of 2019 Pirashitha Owners Welfare Association Irumbuliyur, Tambaram, Rep. by its President, 572-F2, Pirashita Owners Welfare Association, Irumbuliyur, Tambaram East, Chennai - 600059 ..Petitioner(s) Vs
1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No. 1, Gandhi Irwin Road, Chennai - 600008
3. The District Collector, Kanchipuram District, Kanchipuram - 631501
4. The Commissioner Tambaram Municipality, Tambaram, Chennai - 600045 ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the Commissioner, Tambaram
Municipality, the fourth respondent herein from converting the area earmarked as Park in the approved Layout Arul Nagar situated in Survey No. 220/ 2, Irumbuliyur, Tambaram as Micro Composite Yard or Sewerage Pumping Station.
For Petitioner(s):
M/s.J.Senthil Kumar For Respondent(s):
Mr.C.Prabakaran, Govt. Counsel for R1 & R3 Ms. P.Veena Suresh, Standing Counsel for R2 Mr.P.Srinivas, Standing Counsel for R4
ORDER
This Writ Petition has been filed to forbear the Commissioner, Tambaram Municipality / the fourth respondent herein from converting the area earmarked as Park in the approved Layout Arul Nagar situated in Survey No. 220/ 2, Irumbuliyur, Tambaram as Micro Composite Yard or Sewerage Pumping Station.
2. Heard the learned counsels appearing on either side and also perused the materials available on record.
3. The learned counsel for the petitioner's Association submitted that the petitioners are the plot owners of the Pirashitha Owners Welfare Association, Irumbuliyur, Tambaram where planning permission for the lay out of house
sites were granted in the year 1995 by the local body, namely, Chennai Metropolitan Development Authority to establish Arul Nagar in Survey No.220/2, Irumbuliyur Village, Tambaram Municipality, Chengalpattu and in the said lay out, there were more than 500 plots in which the petitioners constructed flats and formed an association in the name of "Pirashitha Owners Welfare Association, Irumbuliyur, Tambaram". He further submitted that the grievance of the petitioner is that in the said lay out, there were five parks and in one of the park situated in Survey No.220/2, the respondents have decided to construct a Micro Composite Yard or Sewerage Pumping Station, for which the petitioners raised their objections for the said construction and have made a representation to the respondents on 06.08.2018.
He also submitted that if the said construction was taken place, it will pave way for dumping the waste in the micro compost yard which is against the decision of the Hon'ble Apex Court in the case of Association of Vasanth Apartments Owners Vs. V. Gopinath & Others reported in 2024 (18) SCC 443. Since there was no positive response from the respondents for their representation, the present Writ Petition has been filed.
4. Per contra, the learned counsel for the fourth respondent submitted that the sewerage pumping station is not utilized for dumping the waste and the said Micro Composite Yard or Sewerage Pumping Station had been utilized only for segregation of solid wastes and processing the same. He further submitted that
the said issue was already decided by the Hon'ble Full Bench of this Court in the case of P.Karthikeyan and Others Vs. The Commissioner, Coimbatore Corporation & Others reported in Manu/tN/7305/2021 and thus, prayed for appropriate orders.
5. Considering the facts and circumstances of the case and also taking note of the submissions made by the respective learned counsel, this Court directs the respondents to consider the representation of the petitioner dated 06.08.2018, if not considered already and pass appropriate orders in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
15-06-2026 Index: Yes/No Speaking/Non-speaking order DP
To
1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No. 1, Gandhi Irwin Road, Chennai - 600008
3. The District Collector, Kanchipuram District, Kanchipuram- 631501
4. The Commissioner Tambaram Municipality, Tambaram, Chennai - 600045
M.DHANDAPANI, J.
DP 15-06-2026