(1.) Claiming himself to be a public interest litigant, Mr.N.Pannagasayanan, Secretary, Jayanagar Residents Welfare Association, has filed the instant public interest litigation for a Mandamus, forbearing the respondents, from converting the park site land measuring to an extent of 14400 sq.ft in Survey No.12, Block No.2 of Tiruppattur Town, Sivaraj Pettai, at Yahaya Lay out Approval No.38 of 1976, Jaya Nagar, Tirupattur Town, Vellore District, into a solid waste dumping yard or for any other purpose and to develop and maintain the park.
(2.) Petitioner has contended that Yahaya Lay out has been approved by the Commissioner, Tirupattur Municipality, the 3rd respondent herein, in Lay out Approval No.38 of 1976 in No. F1 1472 / 1976 dated 24.7.1976.
(3.) Petitioner has further submitted that in the aforesaid approved lay out, to an extent of 14400 sq.ft of land in Survey No.12, Block No.2 of Tiruppatur Town, has been earmarked as park site. The said park site has also been handed over to the Commissioner, Tirupattur Municipality, Vellore District/3rd respondent herein. The aforesaid place is being utilized as a park by the local residents, though the respondents did not take steps to develop the park. The local residents used to walk in the aforesaid park site and it is the only open space available to the local residents that is being used by them for recreational purpose. The children used to play in the open site.