S AMUDHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner is the resident of Neyveli. In this writ petition, she sought for demolition of all constructions put up in the plots reserved for parks in the Gandhi Gramam Layour, Gandhi Nagar Post, Panruti Taluk, Cuddalore District as approved by the second respondent Director, Town and Country Planning, vide his proceedings dated 2.3.2001 and to maintain the same as a park.

(2.) THE writ petition was admitted on 16.3.2007. Pending the writ petition, an interim injunction was granted. Notwithstanding the notice being served, there was no counter affidavit filed on the side of the third respondent Panchayat. Even when this court found that the District Collector, Cuddalore and the Director of Town and Country Planning was not taking steps to file an appropriate counter, this court gave a direction on 16.4.2012 to the second respondent to file a counter affidavit. Accordingly, a counter affidavit dated Nil (April, 2012) was filed by the second respondent. In the counter affidavit, in paragraphs 3 and 4, it was averred as follows: