ORDER :

The petitioner has filed the present writ petition to quash the order dated 28.11.2011 passed by the first respondent and also for direction to the respondents to issue permission to the petitioner for conversion of plots earmarked as public purposes into residential plots in the layout No.LP(TT) No.111/79 and LP/R (TT) No.44/84 in respect of RS Nos.359,358/1 and 366/1, Neelagiri Therku Thottam Village, Medical College Road, Thanjavur.

2. The brief facts of the writ petition is as follows:

The father of the petitioner had obtained approval of layout in the year 1979 in respect of the properties situate in S.No.358/Part and 359, Neelagiri Therku Thottam Village, Medical College Road, Thanjavur in the name of Ram Nagar and in the year 1984, the petitioner had obtained approval of house sites in S.No.366/1, Neelagiri Therku Thotam Village, Medical College Road, Thanjavur in the name of Nethaji Subbash Chandra Bose Nagar.

2.1. At the time of approval of layout in Ram nagar in the year 1979, three plots each measuring to an extent of 2400 sq.ft. were earmarked as 'public purpose' and at the time of approval of lay out in Nethaji Subash Chandra Bose Nagar in the year 1984, a land to an extent of 10,036 sq.ft. was earmarked for the purpose of 'Playground and Park.'

2.2. After the death of his father in the year 1991, the writ petitioner continued to sell the approved plots, obtained by his father. The plots reserved and earmarked for the purpose of Playground and Park in the approved layout continue to remain vacant and the same was not effectively used. Therefore, the petitioner submitted a representation on 13.08.2011 to the respondents to permit the petitioner to convert the plots earmarked for public purposes under the approved layout LP (TT) No.111/79 and LP/R (TT) No.44/84 in respect of RS Nos.359, 358/1 and 366/1, Neelagiri Therku Thottam Village, Medical College Road, Thanjavur into salable residential plots. The petitioner also undertook to handover 10% of the space to the localbody authority by way of gift deed as required under the circular dated 30.05.1991 issued by the Director of Town and Country Planning, Chennai-2, wherein, it was decided that, if there is no demand from the public for conversion of such salable plots into public purposes like Kalyana Mandapam Community Hall, School, Shop etc. for 5 years from the date of layout, the layout owners may be permitted to seek conversion of such reserved plots earmarked for public purposes into residential plots and the requests from the land owners may be considered favourable by the Director of Town and Country Planning provided 10% of the space has to be handed over to the localbody authority by way of gift deed.

2.3. The petitioner submitted several documents along with his representation dated 13.8.2011, however his representation was not considered. The respondents are bound to consider the representation of the petitioner dated 14.11.2011 in the light of the Circular, dated 30.05.1991 issued by the Director of Town and Country Planning, Chennai. Hence, he filed a writ petition in W.P.No.10613 of 2011 before the Madurai Bench of this court to consider his representation and the court vide order dated 14.11.2011, directed the 2nd respondent to consider his representation after giving an opportunity to the petitioner in the light of the circular in ROC No.2165/91/DD1 dated 30.05.1991 issued by the Town and Country Planning, Chennai. Pursuant to the order of this court, the first respondent passed an order dated 28.11.2011, rejecting the representation of the petitioner. Hence, he filed the present writ petition.

3. Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

4. The brief contentions raised by the third respondent in the counter affidavit is as follows :

The Circular dated 30.05.1991 is totally irrelevant to the case of the petitioner and the said Circular applies only to the ' saleable" plots that are re