R. MAHADEVAN, V. PARTHIBAN, P. T. ASHA
P. Karthikeyan – Appellant
Versus
Commissioner, Coimbatore Corporation Coimbatore – Respondent
JUDGMENT :
V. Parthiban, J.
(Prayer: Writ Appeal preferred under Clause 15 of the Letters Patent against the order dated 30.08.2019 made in WP.No.23765/2019.)
GENESIS FOR THIS REFERENCE:-
1. The genesis of the present Reference before this Specially constituted Full Bench could be traced to the recent decision of the Hon'ble First Division Bench of this Court dated 07.02.2020 made in WA.No.4078 of 2019, wherein an issue was raised for adjudication in regard to utilisation of a portion of an area earmarked as playground, for installation of a Micro Bio Disposable Unit [Composting Centre] by the 1st respondent Corporation. The Hon'ble First Division Bench, while dealing with the issue, found that there were conflicting and divergent views expressed by the Division Benches of this Court and decided to refer the matter before a Larger Bench for an authoritative pronouncement in the matter as the uniform dispensation of justice is the hallmark of the justice delivery system.
2. While dealing with the reference, it was brought to the knowledge of this Bench that a Division Bench of this C
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