JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records of the impugned order issued by the first respondent vide Z.O.VII.C.No.8253/2023 dated 21.02.2024 and quash the same and consequently direct the respondents to permit the petitioner to utilize the said area for library and other purposes as per the existing practice.)

1. Heard Mr. Naveen Kumar Murthi, learned counsel for the petitioner and Mr. A.S.Ragul Adhithya, learned counsel for the respondents and perused the materials available on record.

2. This Writ Petition has been filed challenging the order of the first respondent issued by the first respondent dated 21.02.2024 in Z.O.VII.C.No.8253/2023 and consequently direct the respondents to permit the petitioner to utilize the said area for library and other purposes as per the existing practice.

3. The petitioner is an association represented by its Secretary. The Association is founded for the welfare of the residents of the Anna Nagar Western Extension and registered as a Society under the Society registration Act in Reg.No.69 of 1976. At the time the Housing Board developed Anna Nagar Housing Board, Plot No.13-B of the lay-out was ear-marked for Municipal Park for public purpose. However, through a letter dated 01.07.1991, the then Ambattur Municipal Commissioner has given permission to the petitioner association to utilize an extent of 801 sq.ft. in the plot reserved for Municipal Park for the purpose of building a public library and reading room with its own funds and maintain the same.

4. Accordingly, the building was raised and it was used for library and reading purpose. The petitioner's association has raised the ground floor and first floor in the said plot for keeping a library along with reading room.

5. The library was taken up by the District Library Office and is being maintained properly. There is no issue with regard to the usage of library. However, the objection from the first respondent is in connection with the usage of the first floor. It is alleged by the first respondent that the petitioner association has made a temporary extension by putting up a shed and it was being used for the purpose of conducting Yoga, music and dance classes for the children of the neighbourhood and for holding small functions of the residents.

6. This was being objected by the first respondent and a notice has been issued on 08.04.2022. The same was challenged by the petitioner's association by way of filing a writ petition in W.P.No.1107 of 2022. In the said writ petition, an order has been passed by giving a direction to the first respondent to consider the representation of the petitioner and pass orders. Subsequently, the first respondent has passed an order on 11.10.2023 stating that the place is required for setting up a Health and Wellness Centre and that the petitioner's association had violated the conditions imposed in the proceedings in Na.Ka.No.9959/95/F2 dated 30.08.1995.

7. It is further stated in the order that the municipality has taken possession of the building. When the authorities are directed to pass an order on the representation of the petitioner in the light of the earlier notice dated 08.04.2022, the scope of the order ought to have been restricted only to that notice. But the first respondent has passed an order that he had taken possession of the property.

8. In the earlier notice dated 08.04.2022 a demand has been made by the first respondent to hand over possession but in the order dated 30.08.1995, which was passed in response to the representation made by the petitioner, the first respondent has taken an unusual leap and passed an order that the process of taking possession has also been completed. It is learnt that the premises has been kept under lock and seal by the first respondent, even while things of the petitioner’s association are inside.

9. Now an eviction order has been issued on 21.02.2024