K SANTHIL KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, a tax payer and recipient of Black Belt II in karate and as such a person interested in sports and sports related activities, apprehending improper use of public property, namely the stadium known as Chennai jawaharlal Nehru Stadium in the city of chennai, owned by the Government of Tamil nadu and in the care of the Sports Development Authority of Tamilnadu, by conducting Farmers Conference and launching thamilaga Mudalaimaicharin Ullavar paadugapappu Thittam on 5-10-2005, has filed the above public interest litigation seeking a writ of mandamus to forbear the respondents from using or permitting the use of the Chennai Jawaharlal Nehru Stadium, chennai for conducting the farmers Conference and Thamilaga Mudalaimaicharin ullavar Paadugapappu Thittam on 5-10-2005 or any other date or for any other activity unrelated to sports and promotion and development of sports.

(2.) THE Chennai Jawaharlal Nehru Stadium at Chennai, concededly, was constructed by spending several crores of rupees for conducting both outdoor and indoor sports activities like football, hockey, etc. to meet the international standards. A plan of the stadium produced before us discloses that at the Centre of the Stadium is a lawn or a ground which has a natural turf, which is surrounded by synthetic turfed athletic track in oval shape meant for athletic events. The entries to the synthetic turf as well as the natural turf are restricted and separated from the galleries by an open ironmeshed fence prohibiting cross entry into the isolated turfs, both the synthetic-turfed track and the natural turf, and separate gates right from the outer circumstance are provided for the entry to the lower and upper galleries for seating the audience.

(3.) THE permissible usage of the Chennai jawaharlal Nehru Stadium was fairly restricted by G. O. Ms. NO. 2481, Department of Education, Science and Technology, dated 9-11-1982, which reads as follows : <FRM>JUDGEMENT_71_AIR(MAD)_2006Html1.htm</FRM>