W.P. No. 16312/98;

Petitioner-Society had obtained an approved lay out and subsequently, the building plan has been sanctioned. As per the approved lay out, certain areas were earmarked for public purposes such as childrens playground, garden, well, etc . A plot measuring 1800 Sq. feet was earmarked for the childrens playground and it is the only play ground for the AGs Colony, Andal Nagar, Krishnaraja Nagar, Ganesh Nagar, Mahalakshmi Nagar, Mohanapuri, V.V. Colony, Shaw Wallace Colony, Bhagyammal Nnaga etc. The petitioner-Society has executed a gift deed in favour of the Velacherry Town Panchayat Union in respect of the public roads specified.

2. In June 1998, the respondents started accumulating the building materials in the play ground and started to prepare the ground for construction. Immediately, the petitioner-society sent telegraphic notice and made written and oral representations to the respondents to desist from changing the user of the plots. Since there is no response from the respondents, the petitioner filed a Suit O.S. No. 4108 of 1998 before the XI Assistant Judge, City Civil Court, Madras seeking an order of injunction restraining the respondents from put