R. Mahadevan, J.

This writ petition has been filed to quash the order passed by the Government of Tamil Nadu in G.O.Ms.No.113, Housing and Urban Development (UD-I), dated 03.09.2015 as illegal, arbitrary and violative of Article 21 of the Constitution of India and for a consequential direction forbearing the respondents herein from demolishing or altering the Selvapathy Chettiar Park situated in Strahans Road, Perambur, Chennai.

2. The facts leading to the filing of this writ petition are as under:

(i) The petitioner is the Area Secretary of Thiru-Vi-Ka Nagar Constituency, North Chennai of the Communist Party of India (Marxist). The property in question which the fifth respondent wants to develop by putting up a multi-storeyed building is in Perambur Barracks Road, which is the petitioner's Constituency. It is stated by the petitioner that he is expressing the grievance of the people residing in that area, as the people's representative. He states that a park by name "Selvapathy Chettiar Park" has been there since 1948 which is being maintained by the fourth respondent Corporation and the said park was opened in commemoration of the services of one Selvapathy Chettiar, who was the founder of Madras Labour Union representing the workers. There are hundreds of trees in that park and the people of all ages are using that park. According to the petitioner, this park is sought to be appropriated with the connivance of the authorities in violation of the Tamil Nadu Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1959 ("Parks Act" in short). On 20.11.2014, the fourth respondent Corporation passed a resolution identifying certain bus routes for expansion. Strahans Road was one such bus route. On the basis of the resolution, the fourth respondent Corporation addressed to the first respondent vide its letter dated 05.12.2014 and the first respondent made it clear to the fourth respondent that if it wants to expand the bus routes involving parks/lands, it should ensure that the parks and open spaces are substituted by equivalent amount of space and the same has to be maintained by them. The park in question is not in the bus route and it is in the opposite side of the bus route. Without calling for objections from the general public and without notifying under Section 5(2) of the Parks Act, exemption was granted by the authorities under Section 113 of the Tamil Nadu Town and Country Planning Act to the fifth respondent, who is a powerful builder and has got influence over the State authorities, by way of passing the impugned Government Order in G.O.Ms.No.113 dated 03.09.2015, exempting him from the provisions of the Act, more particularly Regulation 28 of the CMDA Building Regulations, which has been framed in exercise of the powers under the Act. The petitioner also challenges the approval granted by the fourth respondent Corporation on 09.06.2015 to the fifth respondent for putting up the multi-storeyed building, as it is in gross violation of the Tamil Nadu Town and Country Planning Act, and the Parks Act.

(ii) The petitioner states that as per Regulation 28 of the CMDA Building Regulations, the site of the multi-storeyed building shall not be less than 1500 sq.mts. It will have to abut a road not less than 18 metres in width or gain access from public road not less than 18 metres in width, through a part of the site which can be treated as an exclusive passage of not less than 18 metres in width. The width of the public road is less than 18 metres. Therefore, the exemption will involve the demolition of the park which is a huge one, on the Strahans Road side. In case the park has to be varied and demolished, objections under Section 5(2) of the Parks Act have to be called for and the same have to be considered under Section 5(4) of the Parks Act, which has not been done while granting exemption. The petitioner also states that the Hon'ble Supreme Court has held that where there are parks, play fields and open