Madras High CourtWP(MD)/25075/2025disposed of

V.Ramkumar v. The Principal Secretary To Government

2025-09-17Honourable Ms. Justice P.T. Asha7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.25075 of 2025 and W.M.P(MD)No.19668 of 2025 Mr.V.Ramkumar ... Petitioner Vs.

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600009.

2. The Director of Municipal Administration, Commissionerate of Municipal Administration, Ezhilagam, Chepauk, Chennai - 600005.

3. The Director of Town and Country Planning, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai - 107.

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4. The District Collector, Sivagangai Disrict, Sivagangai.

5. The Regional Director of Municipal Administration, Madurai Region, Madurai.

6. The District Town and Country Planning Office, DTCP Sivagangai District, Sivagangai.

7. The Commissioner, Karaikudi Corporation, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from converting the land situated at survey No.33/1088, Ward -19, Karaikudi City Municipal Corporation Sivaganga District which has been earmarked as Childrens Park Open Space Reservation (OSR) land in the approved Development Plan (G.O.No.52538/66.D4 dated 22.02.1966 in DTP No.174/66) into the Municipal Corporation office Building, and consequently directing the respondents to preserve protect and maintain the said land strictly as Childrens Park in accordance with the sanctioned layout and law and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

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For Petitioner : Mr.M.Rajarajan For R1 to R6 : Mr.D.Sasi Kumar Additional Government Pleader For R7 : Mr.E.P.Venkateshwar Standing Counsel

ORDER

The above writ petition has been filed for the following relief:- The writ petition has been filed based on the premise that the original layout which was sanctioned in the year 1966 has been modified in the year 1987 and the property in question has been shown as a children play ground and park. However, the respondents would submit that there was no modification of the layout in the year 1987 and it was only in 1967 that a few changes had been made.

2. The learned Additional Advocate General appearing on behalf of the respondents would submit that the original layout sanctioned in the year 1966 under T.P/DT.P.No.174/66 was modified in the year 1967 and the modification was was only a change in the reservation. The modified layout was allotted T.P/DT.P.No.55/67. The original lay out plan was produced before this Court. In the same, the area in question has been 3/7

shown as a Municipal Town Hall and not as a children play ground/park as shown in the plan submitted by the petitioner. The entire area has been shown only as a Municipal Town Hall and there are no park or playground allocated therein.

3. On the last occasion, this Court had requested the learned Additional Advocate General to verify as to whether the construction of the municipality building could be moved nearer to the 120 feet road and the remaining area retained as a park. A revised application has been submitted today by the learned Additional Advocate General which shows OSR 920 sq.mts on the southern side east of the existing BSNL Office and west of the 150 feet wide road and south of the proposed municipality building and north of the 40 feet wide road. The extent roughly works about 10,000 sq.ft.

4. Therefore, the argument of the petitioner that this land was originally reserved as a children play ground and park cannot be countenanced. Consequently, the writ petition stands disposed of with the following directions:- 4/7

a) The plan submitted today to this Court shall form part of the order; b) The area shown as OSR measuring 920 sq.mts. shall be reserved and preserved as a children play ground and park; c) The respondents shall provide all the equipment required for children in the park either by shifting the existing equipments or installing new equipments.

5. This Court is of the considered opinion that in the interest of the safety of the children, the respondents may install new equipments for the children and a walking path and other amenities shall also be provided in this OSR area by the respondents.

6. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. 17.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To 5/7