S. Tamilselvan v. The Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.21562 of 2015 and M.P.(MD)No.1 of 2015 S.Tamilselvan : Petitioner -Vs1. The Director, Directorate of Town and Country Planning, Opp. to LIC, Chengalvarayan Building, 4th Floor, 807, Anna Salai, Chennai-600 002.
2. The Registrar of Co-operative Societies, (Housing), Nandhanam, Chennai-35.
3. MDA/HSG 47, Tamil Nadu State Transport Corporation (Kumbakonam DVN III and IV) Employees and Public Service Co-operative House Building Society Ltd., Rep. by its President, No.13, Sathiya Complex, College Road, Karaikudi-630 002, Sivagangai District.
4. The Executive Officer, Sakkarakkottai Panchayat, Ramanathapuram Taluk, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the third respondent from selling the places reserved as public purposes like Children Play Ground and Park measuring 60,423 Sq. Ft. Children School Area measuring 10,355 sq.ft., shopping complex area measuring 11,373 sq. ft. and community Hall measuring 11,250 sq.ft at Transport Nagar situated in S.Nos.423/1B1, 423/1B2, 423/5B1, 423/5B2, 430/1 and 432, Vani Village, Sakkarakkottai Panchayat, Ramanathapuram Taluk, For Petitioner : Mr.A.Arumugam For Respondents 1,2&4 : Mr.M.Alagathevan, Special Government Pleader For Respondent No.3 : Mr.D.Sadiq Raja
O R D E R
The prayer sought for in the Writ Petition is for issuance of a Writ of Mandamus, forbearing the third respondent from selling the places reserved as public purposes like Children Play Ground and Park measuring 60,423 Sq. Ft. Children School Area measuring 10,355 sq.ft., shopping complex area measuring 11,373 sq. ft. and community Hall measuring 11,250 sq.ft at Transport Nagar situated in S.Nos.423/1B1, 423/1B2, 423/5B1, 423/5B2, 430/1 and 432, Vani Village, Sakkarakkottai Panchayat, Ramanathapuram Taluk,
2. Heard Mr.A.Arumugam, learned counsel for the petitioner, Mr.M.Alagathevan, learned Special Government Pleader for the respondents 1,2 and 4 and Mr.D.Sadiq Raja, learned counsel for the third respondent.
3. The apprehension of the petitioner is that the third respondent is going to sell the places reserved for public purpose.
4. In the counter-affidavit filed by the third respondent, it has been stated that the third respondent has not sold any public places which were reserved for children playground and park and in fact, they have been handed over to the Panchayat and now, the Panchayat is in control of the children playground and park. It is further stated that the third respondent Society has already sold the places allotted for shopping complex, community hall and children school area, in pursuance of the Government Order in G.O.Ms.No.224, Housing and Urban Development Department, dated 27.11.2009.
5. Considering the above fact, this Court is of the opinion that no further adjudication is necessary in this Writ Petition.
6. In the result, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To
1. The Director, Directorate of Town and Country Planning, Opp. to LIC, Chengalvarayan Building, 4th Floor, 807, Anna Salai, Chennai-600 002.
2. The Registrar of Co-operative Societies, (Housing), Nandhanam, Chennai-35.
3. The Executive Officer, Sakkarakkottai Panchayat, Ramanathapuram Taluk, +1cc to M/S.D.Sadiq Raja, Advocate SR.No. 58208 +1cc to Special Government Pleader, SR.No. 58299 Order made in W.P.(MD)No.21562 of 2015 SML JM/SV/SAR 2/08.06.2017/3P/6C