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2010 Supreme(Mad) 3378

M.Y.EQBAL, T.S.SIVAGNANAM
R. Chandran – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary, Department of Municipal Administration & Water Supply, Chennai & Others – Respondent


Advocates appeared:
For the Petitioner:N.G.R. Prasad for Ms. C.A. Sharmila Victor, T. Mohan (Impleading Petition) P.N. Radhakrishnan, Advocates.
For the Respondents:R1 -J. Raja Kalifulla, Govt. Pleader, R2 - P. Wilson, Addl. Advocate General for Mohammed Gouse, Advocate.

Judgment

1. In this writ petition, by way of public interest litigation, the petitioner seeks a mandamus or any other writ or order in the nature of a writ forbearing the respondents herein, their agents or servants from constructing an underground Car Park in the Corporation Playground situated on Venkata Narayana Road, in the City of Chennai or for converting it for any other purpose.

2. According to the petitioner, a news item was published in the newspapers that the Corporation Play ground is being converted into an underground Car Park to facilitate parking of cars. Though Venkata Narayana Road is a busy thoroughfare, there has never been any traffic congestion in view of the restricted number of commercial buildings in the area. According to the petitioner, the respondents are contemplating to sacrifice the play ground, which has been in existence for the last 50 years. It is stated that taking advantage of its classification of Open Space and Recreational Area, they have now decided to locate the car park in the Corporation playground. The petitioner’s case is that the playground has a concrete flood lit basketball court with a gallery. Along side the gallery there is a c
































































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