IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :28.01.2008 CORAM THE HON'BLE MR. A.P. SHAH, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE F.M. IBRAHIM KALIFULLA W.P.No.37631 of 2007 and M.P.No.1 of 2007 V.P.Selvam ...Petitioner Vs. 1.The District Collector Thiruvallur District Thiruvallur. 2.The Commissioner Valasaravakkam III Grade Municipality Chennai. ..Respondents Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus. For Petitioner: Mr.M.Suresh Viswanath For Respondents : Mr.Raja Kalifulla Government Pleader. ORDER (Order of the Court was made by F.M.IBRAHIM KALIFULLA,J.) The petitioner claims himself to be the President of an unregistered Welfare Association of the local people of Valasaravakkam and has come forward with this writ petition seeking for issuance of writ of mandamus to forbear the second respondent from altering the play ground situated at Survey No.72/1 in Arcot Road into a commercial complex with a further direction to the first respondent to specifically earmark the entire playground for exclusive use of the schools situated therein. https://hcservices.ecourts.gov.in/hcservices/ 2. The sum and substance of the averments contained in the petitioner's affidavit is that the land in Survey No.72/1 has been classified as village natham and specifically noted in the revenue records as a playground. It is also the contention of the petitioner that the second respondent Municipality is attempting to put up a commercial building in the said survey number and thereby, the second respondent is attempting to convert the playground into a commercial complex for the benefit of third parties. 3. After taking notice on behalf of the respondents, the learned Government Pleader filed a counter affidavit sworn to by the second respondent stating that the entire land measuring 74 cents in Survey No.72/1 in Arcot Road, Valasaravakkam belongs to Valasaravakkam Town Panchayat and that it is not classified as village natham in the revenue records. It is also stated that The office of the panchayat board, which was located in the said land, was demolished in the year 2002 and that thereafter, the office is functioning in a rented building. It is further stated that the panchayat has now decided to put up its own office complex in the said land in an extent of 13000 sq.ft. at an estimated cost of Rs.80,00,000/-. It is also claimed that the Commissioner of Municipal Administration has also approved the proposal of the second respondent and the construction work has already commenced. 4. Along with the counter affidavit a copy of the extract of the Village Accounts has also been produced. A perusal of the said record disclose that Survey No.72/1 consists of 7.63.5 hectares, in which the office of Valasarvakkam village panchayat, community hall, police station, Adi Dravidar welfare school, Noon Meal Centre, milk booth, television room, park, Ambedkar statue, playfield, common well and two houses are located. Thus, the extract makes it abundantly clear that the entire extent of land situated in Survey No.72/1 at Arcot Road was not a playground as claimed by the petitioner and that very many buildings were located in the said survey number. Therefore, based on the affidavit averments of the petitioner, it cannot be concluded that the second respondent was attempting to change the nature of the land from playground to commercial complex. We, therefore, do not find any scope to grant the relief as prayed for by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 5. We, however, direct the first and second respondents to explore the possibility of earmarking any other place for developing a children's park with amusement facilities in order to maintain a healthy environment in the village. The writ petition, however, fails and the same is dismissed. No costs. Connected M.P. is also dismissed. RNB Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The District Collector Thiruvallur District Thiruvallur. 2.The Commissioner Valasaravakkam III Grade Municipality Chennai. + 1 cc to Mr. J. Rajakalifulla, Advocate SR No. 3861 + 1 cc to Mr. Suresh Viswanathan, Advocate SR No. 3780 + 1 cc to Government Pleader SR No. 3561 Order in W.P.No.37631 of 2007 and M.P.No.1 of 2007 KM(CO) SR/26.2.2008 https://hcservices.ecourts.gov.in/hcservices/