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This writ petition has been filed to forbear the respondents from converting the Park and Playground in the approved layout “Doctor Wahab Nagar” in S.No.96/1B, 2, 3, 4, 5, 6, 8, 10, 11, 12, 13B, 14, 25/1C2, 97/18, 27 in Tindivanam Town and S.R.O. https://www.mhc.tn.gov.in/judis

2. It is the case of the petitioner that the petitioner is owner of the Plot No.12 in Doctor Wahab Nagar, Kaveripakkam Village, Tinivanam Taluk. A total extent of land in Wahab Nagar is 3.09 acres in which an extent of 13509 square feet was reserved for park and playground. The lay out plan with 33 plots, public roads and the park and playground with an extent of 13509 square feet in Wahab Nagar has been approved by the fifth respondent on 19.09.1986. The area ear earmarked for park and playground has been in existence for the past 35 years and the same has been beneficially enjoyed by the residents of Wahab Nagar as well the general public. However, the first respondent has not been maintaining the park and play ground. When the matter stood thus, recently, the first and second respondents have fixed a banner in the park and playground stating that the land is being used for Under Ground Drainage Scheme much to the surprise of the residents of Wahab Nagar. The first respondent has acted unilaterally without obtaining permission from the respondents 4, 5 and 6. The objection of the petitioners and other residents have not been considered. The residents of Wahab Nagar and the general public will be put into serious hardship if underground drainage scheme is implemented in park and playground. The act of the respondents in encroaching upon https://www.mhc.tn.gov.in/judis the land earmarked as open space reserved for public purpose is in complete violation of law. It is further stated that implementation of under ground drainage scheme will be detriment to the very purpose it was reserved and the residents of Wahab Nagar and general public will be put into serious hardship and converting the park and playground may cause imminent threat to the residents. Hence, this Writ Petition has been filed for the aforesaid relief.

https://www.mhc.tn.gov.in/judis

4. The second respondent filed counter stating that out of the total extent of 13509 sq.ft. reserved for park and playground, only an area of 4,583.76 sq.ft. of land has been allotted by the Tindivanam Muncipality for the purpose of construction of sub pumping station. After due verification by the officers, the above land was allotted and there is no other suitable space is available for installing the pumping station other than the allocated location for collection of sewage of the residents of Dr.Wahab Nagar and pumping it to the sewage treatment plant [STP], through underground pipelines, for safe disposal generated in these areas. It is further stated that park and play ground area in Dr.Wahab Nagar has been allotted to the Tamil Nadu Water Supply and Drainage Board for the construction of sub- pumping station at TS No.40 with an extent of 426m2 vide Municipal Commissioner been obtained vide resolution No.229 dated 30.09.2020. There is no other place other than the allotted area for providing sub- pumping station for the use of collection of sewage from the residents of Dr.Wahab Nagar. If underground drainage scheme is not implemented, the residents and the general public will be put to serious health issues. Further, it is not feasible to alter the design as more than 50% of the work has been completed by the Tamil Nadu Water Supply and Drainage Board. https://www.mhc.tn.gov.in/judis If the under ground drainage scheme is implemented, it would enable to avoid ground water pollution, avoiding health hazards and open drainage system and the implementation of the scheme is for the welfare of the public including the residents of Dr.Wahab Nagar in Tindivanam Municipality. Hence, prayed for dismissal of this Writ Petition.

1. The Commissioner, Tindivanam Muncipality Office, Tindivanam – 605 001.

2. The Managing Director, TWAD Board, Kamarajar Sali, Chepauk, Chennai – 600 005.

3. The Sub Collector, Sub Collector Office, Tindivanam – 604 302.

4. The District Collector, The District Collector Office, Villupuram District, Villupuram – 605 602.

5. The Director, Municipal Administration, Chepauk, Chennai – 600 005.

6. The Principal Secretary, Secretariat, George Town, Chennai – 600 009.

7. The Town Planning Officer, Tindivanam Municpality, Municipal Office,Eswaran Koil Street, Tindivanam – 604 001.

https://www.mhc.tn.gov.in/judis N.SATHISH KUMAR, J.