D. KRISHNAKUMAR, P. B. BALAJI
Merene Alex, W/o. Alex Jeevadhas – Appellant
Versus
Government of Tamil Nadu, Represented by its Secretary to Government, Housing and Urban Development Department – Respondent
JUDGMENT :
P.B. Balaji, J.
The unsuccessful writ petitioner is the appellant before us.
2. The appellant approached the Writ Court seeking issuance of a writ of mandamus to forbear the respondents from altering, alienating and dealing with Open Space Reservation(OSR), earmarked as OSR-II in Survey No. 231 part and 233 part in Padi Village, Ambattur Taluk, as provided for in the approved layout plan issued by the Chennai Metropolitan Development Authority (CMDA).
3. The brief facts which are necessary for deciding the above writ appeal are follows: -
The Writ Petitioner is the owner of a flat in an apartment complex known as Golden Jubilee Apartments. According to the appellant, planning permission was granted by the 2nd respondent, namely the CMDA, subject to specific portions of lands being reserved for OSR area. It was the grievance of the appellant that the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) was proposing to construct a sewerage tank in the area earmarked as OSR land. Reference was also made to the earlier writ proceedings where this Court disposed of W.P. No. 6240 of 2011 with a direction to the authorities to hear the aggrieved Writ Petitioners, including
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