A.M.S.Saravanan, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.03.2019 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1064 of 2019 and W.M.P(MD).No.892 of 2019 A.M.S.Saravanan ... Petitioner Vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Deputy Director, Town Country Planning, Anna Building, Thallakulam, Madurai-625 002.
3. The Commissioner, Aruppakottai Municipality, Aruppakottai Town, Virudhunagar District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to forbear the third respondent from setting up MCC with capacity of 3TPD at Sappairamasamy Street in Ward No.31 in Aruppakottai Town, Virudhunagar District disposal of the above writ petition. For Petitioner : Mr.M.Thirunavukkarasu For R1 & R2 : Mr.K.Mu.Muthu Additional Government Pleader For R3 : Mr.Dilipkumar
ORDER
Heard the learned counsel on either side.
2. The petitioner wants this Court to stop the third respondent Municipality from setting up the Micro Composite Centre in a site that was earmarked for park purpose.
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3. The learned counsel appearing for the petitioner submitted that when a site is earmarked for park purposes, it cannot be converted for any other purpose. He also pointed out that the Municipality does not become the owner of such sites earmarked for such public purpose.
4. The learned counsel appearing for the petitioner drew the attention of this Court to the decision of the Hon'ble Division Bench of the Andhra Pradesh High Court made in W.P.No.4598 of 2000 dated 21.06.2000. I am swayed by the aforesaid submission. But I am bound by the decision of the Hon'ble Division Bench that have held to the contrary.
5. The learned Standing Counsel appearing for the Municipality placed reliance on the decision reported in (2019) 2 MLJ 114 (M.G.M.Nagar Nala Munnetra Sangam, Plot No.14, MGM Nagar, Rajaji Salai, Thiruvallur Vs. Commissioner, Municipal Authority, Rajaji Salai, Thiruvallur). Since it is a decision of very recent vintage, I do not think it is necessary to reproduce the relevant paragraphs verbatim.
6. Therefore, I have to dismiss the writ petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Deputy Director, Town Country Planning, Anna Building, Thallakulam, Madurai-625 002.
+1 CC to M/s.M.THIRUNAVUKKARSU, Advocate (SR-51379[F] dated 04/03/2019) +1 CC to M/s.N.DILIP KUMAR, Advocate (SR-51485[F] dated 04/03/2019 ) +1 CC to M/s.SPL GP ( SR-51953[F] dated 06/03/2019 ) RMK TE/KM : 03/04/2019 : 2P/6C W.P(MD)No.1064 of 2019 04.03.2019 https://hcservices.ecourts.gov.in/hcservices/