THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 3517 of 2009 Oral order: Questioning the proposed action of respondent Nos. 2 and 3 and the notice dated 13.02.2009, issued to some of the petitioners by respondent No.4, directing them to remove the illegal encroachments made by them, as illegal and arbitrary, the petitioners filed the present writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioners earlier filed writ petition in W.P. No. 28929 of 2008, and a learned Judge of this Court by order dated 13.12.2008 disposed of the same directing the respondents not to dispossess the petitioners from the lands without following the due process of law. It is in pursuance of the said order, the impugned notices were issued by the respondents directing the petitioners to remove the illegal encroachments made by them and restore the Park, failing which steps will be taken for their removal. The law is well settled that public parks, which are lung spaces, cannot be allowed to be encroached, and since the petitioners are said to have encroached a public park, no exception can be taken to the action of the respondents in directing the petitioners to remove the illegal encroachments made by them, and more so when such action for removal of such illegal encroachments, is being made by following the due process of law, as directed by this Court. At this stage, the learned counsel for the petitioners submitted that since the academic year of the children of the petitioners will come to an end the month of March/April, 2009, the petitioners may be given two months time to voluntarily remove the illegal encroachments and hand over the vacant possession of the land to the respondents. The learned Standing Counsel for the respondents, on instructions submitted that only a month’s time be given to the petitioners to voluntarily remove the illegal encroachments and hand over the vacant possession thereof. Having regard to the stand taken by both the counsel for the petitioner and the learned Standing Counsel for the respondents, and considering the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with the following directions: The petitioners shall remove the illegal encroachments and hand over the vacant possession of the land to the respondents on or before 15th April, 2009. Till then respondents are directed not to take any action for removal of the illegal encroachments. However, if the petitioners fail to remove the illegal encroachments and hand over possession of the land to the respondents, the respondents may go ahead with the removal of the illegal encroachments and take possession of the land, and this apart, the matter also will be viewed very seriously. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Dated: 20th February, 2009 KSR