Your World of Legal Intelligence
 India | 1-929-605-4013

W.P. No. 13191 of 2016 and WMP No. 11560 of 2016. Case: Vallalar (Phase-3) Residents Welfare Association Vs The District Collector and Ors.. High Court of Madras (India)

Judgment Cited in Precedent Map Related
Case NumberW.P. No. 13191 of 2016 and WMP No. 11560 of 2016
CounselFor Appellant: R. Sunilkumar, Adv. and For Respondents: S. Diwakar, Special Government Pleader
JudgesM.M. Sundresh, J.
IssueCivil Procedure Code
Judgement DateMonday March 20, 2017
CourtHigh Court of Madras (India)

Order:

M.M. Sundresh, J.

  1. This writ petition has been filed by the petitioner, which is an Association of residents Phase-III of the layout approved under the Tamil Nadu Town and Country Planning Act, 1971, on the premise that a place earmarked for the Park is being used for the construction of an office by respondents 2 and 3.

  2. The learned counsel appearing for the petitioner would submit that the approved lay out plan qua the lands earmarked for the public purposes has already been violated by respondents 2 and 3. Thus, irrespective of the fact that the proposed construction is in the public area or not, no construction should go on since there are standing trees. In other words, the learned counsel submits that the proposed place has to be treated as Park though not mentioned in the approved lay out.

  3. An undertaking affidavit has been filed by respondents 1 to 3, wherein the following statements have been made.

    "3. In the said layout plans various portion of the lands have been earmarked for various purposes such as public purpose, open space, park etc. The Municipal Corporation is maintaining the parks and utilizing the public purpose areas for the benefit of the public by putting up construction etc., to serve the public. One such endeavour was to put up a Zonal office to cater...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT