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2021 Supreme(Mad) 517

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Welfare Association 'Y' block Anna Nagar, Rep. by its President K. Selvamani – Appellant
Versus
State of Tamilnadu rep. by Secretary, Housing and Urban Development Dept. , Chennai – Respondent


Advocates Appeared:
For the Petitioner:T. Sathiyamoorthy, Advocate.
For the Respondents: P.H. Aravind Pandian, Addl. Adv. General assisted by R. Bharath Kumar, Stdg. Counsel (HB), R4, Karthikaa Ashok, Stdg. Counsel.

JUDGMENT :

Sanjib Banerjee, J.

Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the proceedings bearing Letter No.L2/ 8107/ 2017 dated 22.12.2017 on the file of the 2nd Respondent and quash the same and consequentially direct the 3rd respondent to handover the Public purpose plots in Plot No.44415-A2 and 4415-B comprised in T.s.No.624 part Block 2 Mullam Village 6th Main Road Anna Nagar Aminjikarai Taluk Chennai District to the 4th Respondent for utilization for any public purpose.

1. The matter pertains to the perceived illegality in the manner in which an open plot of land in Anna Nagar earmarked for public purpose has been sought to be constructed upon by the Housing Board.

2. The petitioner, claiming to be a public-spirited association claims that the Master Plan envisaged the relevant plot of land to be kept reserved for public purpose. The writ petitioner seeks to suggest that the public purpose in such a scenario would imply that the land would be left open for a park. The writ petitioner insists that green areas have to be left open in the city and its suburbs as these

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