1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8693 of 2011 and M.P.No.1 of 2011 S.Dakshinamoorthy : 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 PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing 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 elsewhere and to keep the part 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 Petitioner : Mr.F.X.Eugene For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY M.M.SUNDRESH, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Alleging that the place, which has been earmarked for Children's Park, has been used for Uzhavar Santhai and an attempt is being made to expand the same, the petitioner, claiming himself to be a human rights activist, has filed the present Writ Petition as a Public Interest Litigation seeking a Writ of Mandamus forbearing the respondents from expanding the Uzhavar Santhai with a further direction to the respondents to shift the Uzhavar Santhai from Gandhiji Children's Park, Ward No.27, Cumbum Municipality, Theni District, to somewhere place. 3. Considering the fact that the representation given by the petitioner to the first respondent on 04.03.2011 and the reminders dated 15.04.2011 and 15.06.2011 are yet to be disposed of, without expressing any opinion on the merits of the case, the Writ Petition stands disposed of with a direction to the first respondent to consider the representation of the petitioner dated 04.03.2011 and the reminders dated 15.04.2011 and 15.06.2011 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is also directed to furnish the copies of the representation and the consequential reminders to the third respondent within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub 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 +one cc to Special Government Pleader, Sr.No. 26396 +1cc to M/S.F.X.EUGENE Advocate, Sr.No.26181 ORDER MADE IN W.P.(MD).No.8693 of 2011 04.08.2011 NB/SMA/11.8.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/