R KRISHNAMURTHY Vs. DISTRICT COLLECTOR TIRUVALLUR DISTRICT

JUDGEMENT

(1.) THE petitioners, being aggrieved by the action of respondents 3 and 4 in illegally converting public park into vegetable market, have approached this Court, with a pryer for issuance of a writ in the nature of prohibition, restraining the respondents from changing the approved layout plan for DTCP Lay Out No.1538/91 bearing Survey Nos.120/12B, 120/12C, 120/12E, 121/1A Part, 121/2, 122/4B, 127/1A and 133/1-3 located in Polivakkam Village, Tiruvallur Taluk, Chengai-M.G.R. District now renamed as Tiruvallur District. THE petitioners have also prayed for a writ in the nature of mandamus for removal of pillars, grids, girders, rods and other constructions raised on area earmarked for a Park in Survey No.121/1A.

(2.) THE uncontroverted facts in the case are, that the petitioners purchased plots from the sixth respondent viz., E.Krishna Reddy. THE construction, on the plots, is raised as per the layout plan sanctioned for DTCP Lay Out No.1538/91 bearing Survey Nos.120/12B, 120/12C, 120/12E, 121/1A Part, 121/2, 122/4B, 127/1A and 133/1-3 located in Polivakkam Village as referred to above. THE layout plan is duly approved by the competent authority. In the layout plan, two parks are provided, which are being used by the resident of the village. THE third respondent, without any authority of law or any resolution of panchayat union, has permitted the construction of a vegetable market (Uzhaver Sandai) on the area earmarked for the park, in Survey No.121/1A.

(3.) BEFORE the Division Bench of this Court, one of the question raised was, "Whether the open space earmarked in a layout for use of park, etc., could be allowed to be put in use for any other purpose"".