Backialakshmi M v. The Director Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Backialakshmi ... Petitioner Vs.

1.The Director of Municipal Administration, 75 Urban Utility Building, M.R.C. Nagar, Santhome High Road, R.A. Puram, Chennai - 600 028.

2.The Commissioner, Sivakasi Municipal Corporation, Sivakasi, Virudhunagar District.

3.T.Raja Usha Rani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 2nd respondent to take necessary steps to develop and protect the open space earmarked for Park T.S.No.39/11, Block No.19, Ward No.1, Sivakasi Town and Taluk, Sivakasi Municipal Corporation, Virudhunagar District in view of representation dated 02.05.2025.

For Petitioner : Mr.M.Jothi Basu For R-1 : Mr.P.Thilak Kumar Government Pleader For R-2 : M/s.S.Devasena Standing Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the second respondent to take necessary steps to develop and protect the open space earmarked for Park in T.S.No.39/11, Block No.19, Ward No.1, Sivakasi Town and Taluk, Sivakasi Municipal Corporation, Virudhunagar District in view of representation dated 02.05.2025.

2. The petitioner is an elected Councillor. She filed the Writ Petition mainly on the ground that the third respondent is claiming property right over the Municipal Corporation land. Therefore, she made a representation to the Municipal Corporation to construct a compound wall and to protect the park.

3. It is needless to state that the Commissioner, Sivakasi Municipal Corporation has to conduct survey and protect the property of the Municipal Corporation, which is now presently maintained as a Park, for the benefit of the people of that locality. In the event of any encroachment by any person, it has to be removed and the park is to be maintained properly enabling the people of that locality to use the same.

4. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

(S.M.S.,J.) (G.A.M.,J.) 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Director of Municipal Administration, 75 Urban Utility Building, M.R.C. Nagar, Santhome High Road, R.A. Puram, Chennai - 600 028.

2.The Commissioner, Sivakasi Municipal Corporation, Sivakasi, Virudhunagar District.

S.M.SUBRAMANIAM,J.

and G.ARUL MURUGAN,J.

Lm 11.08.2025