S.M.A.Pon Gandhimathi Nathan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.13469 of 2019 S.M.A.Pon Gandhimathi Nathan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep., by its Principal Secretary to the Government, Municipal Administration and Water Supply, Fort St.George, Secretariat, Chennai-9.

2.The Commissioner, Municipal Administration, Ezhilagam, Chapauk, Chennai-600 005.

3.The District Collector, Collectorate Campus, Thoothukudi District.

4.The Thoothukudi City Municipal Corporation, Rep., by the Commissioner, 1/4

113, Palayamkottai Road, Thoothukudi City-628 002.

5.The Managing Director Cum Chairman, Tamil Nadu Urban Infrastructure Financial Services Limited, (Smart City Mission), 113, Palayamkottai Road, Thoothukudi City-628 002.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from putting up Science Park, Traffic Park and Evolution Park at Ward - C, Block No.53/2, 54/3, 55/2 on the water bodies viz., Conduit Channel situated in front of V.O.C. College, Palayamkottai Road, Thoothukudi District and consequently, to direct the respondents to protect the water bodies in the interest of public welfare in light of the Full Bench Judgment in T.K.Shanmugam case reported in 2015 (6) CTC 369. For Petitioner : Mr.I.Pinaygash For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 : Mr.N.Ananda Kumar For R5 : No Appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The negative relief as such for in the present Writ Petition cannot be granted. However, the learned counsel appearing for the 4th respondent would 2/4

submit that park has already been developed and people in that locality are using the park and other infrastructure facilities provided in the park. 2.That being so, the prayer sought for in this Writ Petition is misconceived and therefore, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 03.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Principal Secretary to the Government, State of Tamil Nadu, Municipal Administration and Water Supply, Fort St.George, Secretariat, Chennai-9.

2.The Commissioner, Municipal Administration, Ezhilagam, Chapauk, Chennai-600 005.

3.The District Collector, Collectorate Campus, Thoothukudi District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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