Duraisamy Nagar Nala Sangam v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2025
CORAM:
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.5145 of 2019 and W.M.P(MD)Nos.4133 of 2019 & 10320 of 2024 Duraisamy Nagar Nala Sangam, Rep., by its Secretary, T.Balasubramanian, S/o.Thangaraj, Aswini Street, Sarathambal Street, V.T.R. Main Road, Duraisamy Nagar, Bypass Road, Madurai - 625 016.
... Petitioner -vs1. The District Collector, Madurai District, Madurai.
2. The Madurai Corporation, Rep. by its Commissioner, Madurai.
3. Local Town Planning Authority, Rep. by its Member Secretary, 3rd Floor, Madurai Corporation Building, Tallakulam, Madurai - 625 002.
... Respondents 1/4
Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus forbearing the respondent no.2 from converting the common space earmarked as Parks and children's play ground for public utility to "compost yard" in S.Nos.269/2(Part), 271/1(Part), and 271/2, extent about 9405 sq.feet and S.Nos.268/5(Part), 271/1(Part), and 273/4(Part) extent about 10335 sq.feet at Duraisamy Nagar, Madakulam, Madurai Corporation and consequently for a direction, directing the Respondent No.2 to carry out the maintenance in respect of two parks situated in S.Nos.269/2(Part),271/1(Part), and 271/2, extent about 9405 sq.feet and S.Nos.268/5(Part), 271/1(Part), and 273/4(Part) extent about 10335 sq.feet at Duraisamy Nagar, Madakulam, Madurai Corporation. For Petitioner : Mr.M.Mahaboob Fazil for M/s.T.Lajapathi Roay For R1 and R3 : Mr.P.Thilak Kumar Government Pleader For R2 : Mr.K.K.Kannan Standing Counsel
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present writ petition, the learned Standing Counsel for the Madurai Corporation would submit that the petitioner has filed the present writ petition based on the presumptions 2/4
and the corporation staff are collecting the garbage from outside and dumping in the park area. The leaves, bio waste are collected and buried inside and converted as biodegradable waste. Therefore, they are not committing any violation of Rules and in fact the activities are done based on the Rules. That being so, the relief as such sought for in the writ petition deserves no merits for consideration.
2. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) (A.D.M.C., J.) 30.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
S.M.SUBRAMANIAM, J.
and A.D.MARIA CLETE, J.
rgm To
1. The District Collector, Madurai District, Madurai.
2. The Madurai Corporation, Rep. by its Commissioner, Madurai.
3. Local Town Planning Authority, Rep. by its Member Secretary, 3rd Floor, Madurai Corporation Building, Tallakulam, Madurai - 625 002.
W.P(MD).No.5145 of 2019 and W.M.P(MD)Nos.4133 of 2019 & 10320 of 2024 30.06.2025 4/4