Madras High Court
Prithivipakkam Colony Residents ... vs The Commissioner on 23 April, 2024
Author: J.Sathya Narayana Prasad
Bench: Sanjay V.Gangapurwala, J.Sathya Narayana Prasad
W.P.No.4777 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.4777 of 2019
Prithivipakkam Colony Residents Welfare Association
No.7, West Park Road, Prithivipakkam
Ambattur, Chennai – 600 053
rep by its Authorised Person and
Hony Secretary, P.Shanmugam .. Petitioner
Vs
1 The Commissioner
Corporation of Chennai
Ribbon Building
Chennai – 600 003.
2 Life Insurance Corporation of India
rep by its Secretary (Estate Southern Zonal Office)
LIC Building Anna Salai
Chennai – 600 002.
3 The Area Engineer
Zone-7 Corporation of Chennai
Ambattur, Chennai – 600 053. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondent to
develop and manage the OSR land in S.No.659/1A1A, 658, 660/
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W.P.No.4777 of 2019
2A1A1A1A1A1, 661/1A1 and 662/1A1A which was earmarked as park
area for the safety and security of the public utility and also maintain
the park area by providing necessary amenities and facilities which are
provided to the other parks which are under the control of 1st
respondent herein by considering representations of the petitioner
dated 28.09.2015 and 31.1.2019.
For the Petitioner : Mr.V.Neethidurai
For the Respondents : Mr.Manoj Sreevalsan
for 2nd respondent
: Mr.A.C.Mani Bharathi
for respondents 1 and 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.V.Neethidurai, learned counsel for the petitioner;
Mr.Manoj Sreevalsan, learned counsel for the second respondent;
and Mr.A.C.Mani Bharathi, learned counsel for respondents 1 and 3.
2. The writ petition is filed seeking directions to develop and maintain the park area by providing necessary amenities and __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.4777 of 2019 facilities that are provided to other parks.
3. It is the contention of learned counsel for the petitioner that unapproved layout was prepared by the second respondent and the plots were sold. The members of the petitioner association purchased the plots in the unapproved layout area. The area shown as park is not developed.
4. In fact, there cannot be a sale of unapproved layout plots.
The area, which, according to the petitioner, is earmarked for park is not handed over to the panchayat or planning authority by executing any instrument. The regularisation of the unapproved plots has to take place in accordance with the Tamil Nadu Regularisation of Unapproved Plots and Layouts Rules, 2017. The notification was also issued by the Housing and Urban Development Department vide G.O.Ms.No.78, dated 4.5.2017. The consequences of non-regularisation are also provided therein.
5. As it is not a case of an approved layout, the directions __________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.4777 of 2019 cannot be issued with regard to any property in the layout.
The writ petition is disposed of accordingly. There shall be no order as to costs.
(S.V.G., CJ.) (J.S.N.P., J.)
23.04.2024
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1 The Commissioner
Corporation of Chennai
Ribbon Building
Chennai – 600 003.
2 The Secretary
Life Insurance Corporation of India Estate Southern Zonal Office LIC Building Anna Salai Chennai – 600 002.
3 The Area Engineer Zone-7 Corporation of Chennai Ambattur, Chennai – 600 053.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.4777 of 2019 THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.
(sasi) W.P.No.4777 of 2019 23.04.2024 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis