The Act does not prohibit entrusting the maintenance of playfields to an agency responsible for upgrading and maintaining them.

S. Manikumar, J.

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of declaration, declaring that the entrustment of playfields to the 3rd respondent as illegal and consequently direct the 2nd respondent to maintain all playgrounds, gyms, indoor stadium, tennis courts and skating floors which are owned or entrusted to the 2nd respondent on free of cost.)

1. Claiming that the Petitioner-Trust viz., AGFI Foundation, is a registered Trust for promoting sports and allied activities, its Managing Trustee, has filed the instant Public Interest Writ Petition for a writ of declaration, declaring that the entrustment of playfields to the 3rd respondent viz., M. Mullaimalai, as illegal and consequently to direct the 2nd respondent/the Commissioner, Greater Chennai Corporation, Chennai, to maintain all the playgrounds, gyms, indoor stadium, tennis courts and skating floors which are owned or entrusted to it, free of cost.

2. In the supporting affidavit to the writ petition, the petitioner has averred as follows:

(i) Petitioner-Trust is conducting free coaching camp of skating and fitness training after getting permission from the Corporation authorities at Shenoy Nagar skating park.

(ii) Petitioner has enclosed the policy note 2018-2019 demand No: 34 submitted before the Tamil Nadu Legislature by the Hon’ble Minister for Municipal Administration, Rural Development and Implementation of Special Programme.

(iii) As per clause 3.9.2 of the policy note, playfields of the policy states that “Greater Chennai Corporation, through its Stadium department is maintaining 212 playgrounds, 36 modern gyms, 1 indoor stadium, 3 swimming pools, 8 tennis courts and 11 skating floors which are located in various parts of Chennai city. More than 10,000 people are getting benefited daily from the existing sports infrastructure at free of cost.

(iv) Policy note further contains the following information, “In this regard, local sports persons in various fields, especially in Football, Weightlifting, Body building, Volly Ball and Basket Ball have been grommed to Natinal Standard/International Standard by utilizing the existing infrastructure facilities. For instance, local Basket Ball Court at Venkat Narayana Road, T. Nagar Division 136, Zone-10, have represented the State Tamil Nadu Team at the National Level, Indian team at the South East Asian Games and Asian Games and won medals. Also, Youth practicing weight lifting and bodybuilding at the Corporation Gyms has represented the Indian Team at the International level and won medals. During the last three financial year 2015-16, 2016-17 and 2017-18, 3 play ground works have taken up at an estimated cost of Rs: 4.5 crore. These would be completed shortly”.

(v) Parks and play fields are governed by Tamil Nadu Parks, Play -Fields and Open Spaces (Preservation and Regulation) Act, 1959. (Tamil Nadu Act 26 of 1959). Section 3, 4 and 5 of the Act deals with preparation and publication of list of play fields and open spaces under the control of local authorities. Section 7 of the Act mandates the local authorities to maintain in a clean and proper condition, all parks, play fields and open spaces. Under section 14 of the Act, the Government by notification makes rules for control or regulating the admission of the persons to, and conduct of persons in the play fields.

(vi) Greater Chennai Corporation has granted licence to the 3rd respondent to maintain and control of (1) 40 numbers of lawn Tennis Courts, (2). 16 numbers of Badminton courts (in door) and (3). 61 numbers of Skating Ring Courts. This is legally not permissible.

(vii) Granting permission to maintain public places parks is illegal and amounts to vesting of public property on private persons for monitory gain.

(viii) Tender notification for, (i) Up-gradation of existing lawn tennis courts comprising of 2