VALSALA NATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS is a writ petition filed by a resident of Kasturba Nagar Housing Colony, alleging that the District Collector after conducting an enquiry through the City Police Commissioner have come to a conclusion that nuisance is being caused to the petitioner by certain anti-social elements.

(2.) THE facts of the case disclose that she is residing in a colony which was constructed as per a scheme of GCDA and there are several occupants, allotees having buildings in the said colony. A certain portion of the colony is used as a shuttle badminton court which according to the petitioner is near her residence. The complaint was that either the persons playing there or somebody else watching the shuttle badminton being played there was causing nuisance which resulted in the petitioner filing a complaint to the District Collector who had requested the Assistant Commissioner of Police to look into the matter and take remedial measures. The District Collector has also addressed a communication to the Revenue Divisional Officer to take remedial measures in the matter. It is submitted that the Sub-Inspector of South Police Station had sent a letter to GCDA to take necessary action in the matter as on enquiry by the said officer it was found that badminton was played in the court which belonged to GCDA. In Ext P8, the District Collector while addressing letter to the Revenue Divisional Officer had indicated that when an enquiry was conducted through the Village Officer it was found that the complaint raised by Commodore V. Ravindra Nathan VSM (Retd.) appears to be correct and hence the Revenue Divisional Officer was asked to take necessary action in the matter.

(3.) ACCORDING to the association there is no reason for shifting the said shuttle court as the residents are playing in the said court only from 6 am to 8 am in the morning and there is no nuisance being caused to any person as such. They have also stated that about 15 persons are residing by the side of the area where the shuttle court is situated.