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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
Zonal Officer – Appellant
Versus
Anna Nagar Western Extension Association rep.by its Secretary Mr.P.Vadivel – Respondent
JUDGMENT :
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
Under assail is the order dated 05.03.2024 passed in Writ Petition No.5779 of 2024. The Greater Chennai Corporation is the appellant before this Court.
2. The writ petition came to be instituted by the respondent-Anna Nagar Western Extension Association represented by its Secretary. The writ was instituted challenging the order dated 21.02.2024 passed by the Zonal Officer, Zone-7, Greater Chennai Corporation for eviction of the respondent from the library cum reading hall and the tennis court situated adjacent to the park.
3. The learned single Judge, taking note of the facts, quashed the order dated 21.02.2024 and directed the Commissioner, Greater Chennai Corporation to consider the appeal filed by the respondent on 27.10.2023 in the light of the observations made in the writ order impugned. The writ Court further observed that the Commissioner, Greater Chennai Corporation can hold discussion with the respondent Association or any other public representative and pass appropriate orders/frame any scheme in a constructive and inclusive manner.
4. The learned Additional Advocate General Mr.M.Sureshkumar appearing on behal
Public lands cannot be negotiated for private use; permissive occupants lack rights to claim permanent possession.
The Municipality lacks authority to initiate eviction proceedings without a gift deed for public land, confirming that prior claims do not legally restrict subsequent challenges to jurisdiction.
The expiration of a lease does not justify the arbitrary eviction of occupants from property designated for public recreational use, recognizing residents' statutory rights in housing schemes.
The Tamil Nadu Public Premises Act does not apply retroactively to leases established prior to its enactment, affirming tenant rights to continued possession for educational purposes.
The urgent need for housing projects and the authority of specialized bodies in town and country planning to approve construction on land earmarked for public purpose.
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