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 Court, vide it's order dated 14.03.2018 made in WP.No.32938 of 2017 [T.G. Ruthramani, Secretary, Poonamallee Nanbargal Nagar Veettu Manai Urimaiyalargal Nalasangam, Poonamallee Vs. Member Secretary, CMDA and others] has taken a view that location of Compost Centre in an area earmarked for playground/park, is permissible as such Centre being located for a larger public interest. Another Division Bench has taken similar views in W.P.No.18569 of 2018 dated 10.12.2018 [N. Shanmugham Vs. The District Collector, Tiruvallur District] and in WP.No.8048 of 2018 dated 11.12.2018 [E.S. Aadhithyan Vs. The District Collector, Kancheepuram].

3. On the other side of the spectrum, yet another Division Bench of this Court on 04.09.2018 has expressed a different view in a case reported in 2018 [5] CTC 857 [SIDCO Nagar Welfare Association represented by its Secretary Vs. CMDA and others]. All the decisions referred to above, have been rendered during the contemporaneous period in the year 2018.

4. In the above decisions of the learned Division Benches, several judgments have been relied upon in support of the respective views taken, with reference to various decisions of the Hon'ble Supreme Court of India and other High Courts. The Hon'ble First Division Bench, noticing the conflicting legal standards laid down by the Division Benches and for resolving the divergent views, to bring about a certainty in the ruling of the Court in the subject matter, has placed the matter before the Hon'ble Chief Justice on the Administrative side for a Reference before a Larger Bench.

5. Pursuant thereto, this Bench has been constituted and a Reference has been made before this Bench for answering the reference as under:

''whether the layout plan finalised as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971, read with the Development Control Rules framed thereunder, permits certain permissible deviations therefrom in larger public interest or not?''

6. The brief facts which gave rise to the filing of the present writ appeal, which triggered the larger controversy necessitating the present Reference before this Bench are stated hereunder.

7. Some residents of Thiru.Vi.Ka. Nagar, Vadavelli, Coimbatore, approached this Court in WP.No.23765 of 2019 questioning the Coimbatore Corporation from constructing the Compost Yard in the place earmarked for park/children's play area. The writ petition was filed for issuance of a writ of mandamus to forbear the Coimbatore Corporation from establishing the Compost Yard in the place earmarked for the park/children's play space. The learned Single Judge, who dealt with the rival contentions of the parties, dismissed the writ petition on 30.08.2019, by following the Division Bench order dated 14.03.2019 rendered in WP.No.32938 of 2017 [T.