Arjun Raj .D v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.448 of 2024 D.Arjun Raj ... Petitioner Vs.

1.The Commissioner, Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 28.

2.The District Collector, Office of District Collector, Thanjavur District, Thanjavur.

3.The Commissioner, Thanjavur Corporation, Thanjavur. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to direct the respondents 2 and 3 not to put up any construction or not to place for any other alternative use in the land specifically earmarked as park and playground in the original

scheme of Ponnagar in Survey No.374 in Thanjavur Taluk, Thanjavur District in view of the communication of the first respondent in Na.Ka.No.12843/2022/TP.2 dated 09.11.2023 and develop the park and playground to ensure healthy environment enshrined in Article 21 of the Constitution of India by considering the petitioner's representation, dated 15.06.2022 and for other such reliefs, within the period stipulated by this Honourable Court.

For Petitioner :Mr.A.Haja Mohideen For R1 & R-2 :Mr.P.Thilak Kumar, Government Pleader For R-3 :Mr.N.Dilipkumar

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the first respondent to direct the respondents 2 and 3, not to put up any construction or not to place for any other alternative use in the land specifically earmarked as park and playground in the original scheme of Ponnagar in Survey No.374 in Thanjavur Taluk, Thanjavur District in view of the communication of the first respondent in Na.Ka.No.12843/2022/TP.2, dated 09.11.2023 and develop the park and playground to ensure healthy environment enshrined in Article 21 of the Constitution of India, by considering the petitioner's representation, dated 15.06.2022.

2. When the matter is taken up for hearing today, the learned Standing Counsel appearing for the third respondent/Corporation, based on written instructions received from the third respondent, submitted before this Court that there is no such proposal for construction of 'Urban Health Centre' in the aforesaid place, which is earmarked for park.

3. In view of the aforesaid statement, no further order is necessary in this writ petition. Hence, this writ petition is dismissed. No Costs. [D.K.K., J.] [R.V., J.] 21.02.2024 Index :

Yes / No PM To:

1.The Commissioner, Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 28.

2.The District Collector, Office of District Collector, Thanjavur District, Thanjavur.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.448 of 2024 21.02.2024