G PANDI Vs. COMMISSIONER

JUDGEMENT

(1.) TEMPLE, constructed in a place earmarked for a park under a Scheme, is being used as a shield, against the law of encroachment.

(2.) PETITIONER has sought for a mandamus, directing the respondents 1 and 2 to remove the encroachments made in Plot No.290A, Avvai Nagar, (New ASTC HUDCO), Hosur-635 109, Dharmapuri District by the 3rd respondent or any other person and retain the above said plot as park as per the site plan of Tamilnadu Housing Board, Hosur Housing Unit approved by the Director of Town and Country Planning.

(3.) THE petitioner has preferred an application on 06.11.1987 for allotment of L.I.G. House and a plot bearing No.261 in New A.S.T.C. Hudco scheme, was allotted to the petitioner, vide proceedings No.R5/11801/90 dated Nil.10.1990. On payment of the necessary cost, the Executive Engineer, Tamilnadu Housing Board, Hosur, Dharmapuri District, the 2nd respondent executed a sale deed on 02.02.2001 in favour of the writ petitioner. As per the plan sanctioned by the Director of Town and Country Planning, Chennai, Plot No.290-A (S.No.326/1) was earmarked for a park. The above plot is situated opposite to the petitioner's plot bearing No.261.