R. Ragunathan v. Secretary to Government Municipal Administration & Water Supply Department
2012-06-04
M.JAICHANDREN
body2012
DigiLaw.ai
JUDGMENT :- 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to forbear the respondents from converting the open space area at S.No.285/1, Ramakrishna Nagar, Porur Village, Saidapet Taluk to any other use other than as a park. 2. At this stage of the hearing of the writ petition, the learned counsel appearing for the seventh respondent had submitted that further constructions, if any, would be put up in the land in question, only after an appropriate application is made to the authorities concerned. 3. The learned counsel appearing for the seventh respondent had also submitted that no construction can be put up in the land in question, except by obtaining the necessary approval and the licence from the appropriate authorities, who are the respondents in the present writ petition. Even though the construction activities had been initiated, it had been stopped, in view of the interim orders passed by this Court in the present writ petition. It had also been admitted that the area in question had been earmarked, as a 'park', for use of the public. 4. The learned counsels appearing for the respondents had submitted that if and when an application is made by the seventh respondent for putting up constructions in the area in question, for establishing a sewerage pumping station, by the second respondent, they would consider the application, and pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the parties concerned, including the petitioner. 5. In view of the above submissions made by the learned counsels appearing on behalf of the parties concerned, it is made clear that if the seventh respondent chooses to file an application, for putting up constructions in the area in question, it is for the authorities concerned to consider the same and pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the parties concerned. It is also made clear that no further construction activities could take place in the area concerned without the necessary consent, approval and licence obtained from the authorities concerned, as per the procedures established by law. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed.