THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 32870 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring inaction of the first respondent in fencing and protecting land admeasuring Ac.3.00 bearing survey no.342/2, L.P. No.16/99 situated at Nethaji Housing Colony as illegal and arbitrary and consequently direct the first respondent to protect and develop the land. 2. The averments, in brief, stated in the affidavit filed in support of this Writ Petition may be stated as follows. Petitioner is a registered society working for the protection and welfare of residents of Nethaji Housing Colony, which is formed in the year 1998-99 located in Survey No.342/2 with Layout plan No.16/99. In the said colony, there is a park admeasuring Ac.3.00 and napa slabs were laid around the said area by the first respondent. While so, some people claimed that pattas were given to them in the land earmarked for park. The second respondent also visited the park and declared that pattas were cancelled. Park area cannot be converted into plots and the same is required to be developed by the first respondent utilizing the funds sanctioned for the said purpose. The first respondent raised gate and erected a board reflecting that it is a park and encroachers would be pros ec uted. Petitioner society made several representations for protection and development of park. Hence, this Writ Petition. 3. The first respondent filed counter affidavit admitting that the aforesaid area is earmarked for park and stating as follows. This respondent never gave any consent nor suggested Revenue Deparatment to issue pattas in the aforementioned place. No separate funds were released for development of the said park. The reason for the delay in fencing is that the place was in use for stocking the material while developing the layout internal roads. Action would be taken for protection of the layout open space in future and there are no encroachments made in the said layout open space till now. Due to acute funds, it may take some more time to make repairs and full fencing work around the open space and this respondent would complete the said work as and when sufficient funds are available with it. Hence, it is prayed to dismiss the Writ Petition. 4. Heard both sides. 5. From the counter affidavit filed by the first respondent, it is clear that open space was earmarked for public park, but it was not developed due to some other reasons. The grievance of the petitioner is that unlawful elements may encroach into this site and so it is necessary to fence the area which is earmarked for park. It is stated in the counter affidavit filed by the first respondent that due to acute funds, some more time is required to make repairs and full fencing around the open space and it undertakes to complete the said work as and when funds are available with the corporation. 6. Therefore, the Writ Petition is disposed of directing the first respondent corporation to lay fencing around the open space earmarked for park as and when funds are available. If so desired, liberty is given to the petitioner society to lay fencing in the presence of officials of the first respondent corporation. No costs. ________________ (K.C.BHANU, J.) 21.12.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 32870 OF 2011 Date: 21.12.2011