E S AADITHIYAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The instant Public Interest Litigation has been filed for a Writ of Mandamus forbearing the respondents from construction, altering the nature, course and use of lands comprised in Survey No.148 at Viswesapuram Layout, Pammal Village marked for "Public Park", in any manner or for any purpose and consequently direct the respondents to restore and maintain the lands.

(2.) The Writ Petitioner is a resident of Viswesapuram, Kancheepuram district. The approved layout for Viswesapuram was made in the year 1972. The said layout had designated the area comprised in S.No.148 as a Public Park. The said lands are classified as a "Primary Residential Area". It is stated that the respondent authorities are now constructing a Municipal Solid Waste Management Plant/ Transfer Station in the said area without any permission. It is stated that it is not open to the Municipality to utilise the area earmarked for park for the purpose of Solid Waste Management Plant. It is stated that they had purchased the land with an idea that there will be a park, which could be used for children to play and for the old to relax in the park. It is stated that the construction of the Municipal Solid Waste Management Plant would cause nuisance to the persons living in the area.

(3.) The Municipality has filed its Counter Affidavit. In the counter, it is stated that though the layout approval in S.No.148 in Viswesapuram Village was earmarked for park, it has not been used as a Park and that the relevant portion of the Counter reads as under:~