W.P.No.23980 of 2005:

Writ Petition No.23980 of 2005 is by the Alamu Nagar Residents Welfare Association seeking a writ of certiorarified mandamus to quash G.O.Ms.No.80 dated 15.2.2005 issued by the first respondent, namely, the State of Tamil Nadu by Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu and to direct respondents 1 to 3 to retain and maintain 51 cents in T.S.No.1278 part, left for public purpose in Alamu Nagar layout and for other public purposes.

2. W.P.No.25371 of 2002 is by respondents-4 to 6 in W.P.No. 23980 of 2005 to quash the resolution of the third respondent in Resolution No.2369 dated 27.11.1995 and to direct the respondents to forbear from initiating any action to deprive the petitioners rights of ownership and possession of the properties situated in T.S.No.11/1278, Alamu Nagar, Coimbatore.

3. Considering the common contentions in both the writ petitions, a common order is passed taking the status of the parties as given in W.P.No.23980 of 2005.

4. The Writ Petitioners in W.P.No.23980 of 2005, hereinafter referred to as "The Association", are the purchasers of the plot in the approved layout, by name, Alamu Nagar in Sathyamalgalam Road, Coimbatore. The said layout was formed in the year 1983, approved by the statutory authorities, namely, the Deputy Director, Local Planning Authority and by the Coimbatore City Municipal Corporation. The total extent of the layout is 2.428 hectares equivalent to 6 acres. The layout consists of 54 plots and an area of 51 cents was reserved for public purpose for establishing a park and for maintaining the well. The purchasers of the various plots have put up their construction and are in enjoyment of the same. On coming to know that there were attempts to put up certain construction in the area reserved for public purpose, with a view to protect 51 cents of land reserved for public purpose, an association was formed by the purchasers under the name "Alamu Nagar Residents Welfare Association", registered on 1.6.2005. On verification of the construction activities going on in the reserved place for public purpose, the Association came to know about G.O.Ms.No.80 dated 15.2.2005, whereby, the Government had de-reserved the portion of land reserved for public purpose and converted the same as house site. The Association learnt that the said purchasers, respondents-4 to 6, who are the writ petitioners in W.P.No.25371 of 2002, had given a petition on 14.2.2005 to the Government for de-reservation of the land allotted for public purpose and the impugned proceedings was passed on 15.2.2005 permitting conversion of the area reserved for public purpose as house sites to an extent of 12,850 sq.ft. out of the total extent of 23,000 sq.ft.

5. Writ Petitioners in W.P.No.25371 of 2002/respondents-4 to 6 in W.P.No.23980 of 2005, who are the purchasers of the portion of the land under separate sale deeds dated 23.12.1991, represented by their Power Agent, respondent No.7, have questioned the Resolution dated 27.11.1995 passed by the Coimbatore City Municipal Corporation, third respondent in W.P.No.23980 of 2005, taking possession of the reserved area for public purpose under the layout sanctioned scheme.

6. Aggrieved by the conversion of the land reserved for public purpose into house sites, the Alamu Nagar Residents Welfare Association have filed the writ petition in W.P.No.23980 of 2005 challenging the Government Order stating that the same is against the sanctioned layout. It is also stated that while sanctioning the layout, the site had been earmarked for public purpose; hence the character of the land as reserved area has to be retained as it is, as the original owner holds the same as a trustee of the public cause. Consequently, the purchase of the property by respondents-4 to 6 under Sale deeds dated 23.12.1991 is void ab initio.

7. Respondents-4 to 6 in W.P.No.23980 of 2005, who are writ petitioners in W.P.No.25371 of 200