1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 11.02.2011 CORAM :: THE HONOURABLE MRS. JUSTICE CHITRA VENKATARAMAN AND THE HONOURABLE MR. JUSTICE R. SUBBIAH W.P.(MD)No.1631 of 2011 and M.P.(MD)No.1 of 2011 S. Dakshinamoorthy, S/o. Sivagnanam, D.No.47, N-1/31, Sukkangalpatty Street, Cumbum - 625 516, Theni District. .......Petitioner - Vs - 1. The Commissioner, Cumbum Municipality, Cumbum, Theni District. 2. The Director, Agricultural Marketing and Agricultural Business Directorate, Thiru. Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032. 3. The District Collector, Theni District, Theni. ..... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear the respondents from expanding the Uzhavar Santhai or constructing water tank and amenities in it and thereby directing the respondents to shift the Uzhavar Santhai from the Gandhiji Children's park in Ward No.27 in Cumbum Municipality, Theni District to somewhere else and to keep the park as such as it was approved and maintain the same as contemplated in the Tamil Nadu Parks, Play fields and Opened Spaces (Preservation and Regulation) Act (XXVI of 1959). For Appellant :: Mr. F. X. Eugene For Respondents :: Mr. N. Ilango Government Advocate O R D E R (Order of the Court was delivered by CHITRA VENKATARAMAN, J.) The petitioner filed this writ petition for issuance of a Writ of Mandamus to forbear the respondents from expanding the Uzhavar Santhai or constructing water tank and amenities in it and thereby directing the respondents to shift the Uzhavar Santhai from the Gandhiji Children's park in Ward No.27 in Cumbum Municipality, Theni https://hcservices.ecourts.gov.in/hcservices/ 2 District to somewhere else and to keep the park as such as it was approved and maintain the same as contemplated in the Tamil Nadu Parks, Play fields and Opened Spaces (Preservation and Regulation) Act (XXVI of 1959). 2. It is seen from the typed set of papers filed before this Court that on earlier occasion, in W.P.(MD)No.14730 of 2010 filed by a Doctor, who was having hospital nearby, this Court by order dated 20.12.2010 rejected the prayer holding that evidently the averment in the affidavit shows the interest of the petitioner rather than public in character. Admittedly, the present writ petition comes in the wake of the said observation by this Court. The petitioner claims to be a human right activist and the writ petition has been filed in his individual capacity. Whatever be the merits of this claim, the proper course open to the petitioner is that he has to make out proper representation before the first respondent / Commissioner, Cumbum Municipality. 3. In view of the above, this writ petition is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is also dismissed. It is open to the petitioner to approach the concerned authorities and it is for the authorities to consider the said claim. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To: 1. The Commissioner, Cumbum Municipality, Cumbum, Theni District. 2. The Director, Agricultural Marketing and Agricultural Business Directorate, Thiru. Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032. 3. The District Collector, Theni District, Theni. +1cc to M/S.F.X.Eugene, Advocate, Sr.No.5383 +1cc to Mr.N.Ilango, Advocate, Sr.No.5478 +1cc to Special Government Pleader, Sr.No.8556 W.P.(MD)No.1631 of 2011 and M.P.(MD)No.1 of 2011 11.02.2011 Dpn/-/SMA/4.3.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/