Modification of land reserved for public purposes requires valid legal processes, including notification and consultation with affected parties, as determined by relevant sections of the Town Planning Act.

ORDER :

V.LAKSHMINARAYANAN, J.

1. I heard Mr.T.P.Manoharan, learned Senior Counsel for Mr. Jyothish Chander for the petitioner, Mrs.Meera Arumugham, learned Additional Government Pleader for the State respondents, Mr.G.B.Rajesh for the respondents 6 and 7, Mr.Abhishek Jeenasenan for the respondents.8 to 13, 15, 16, 19 to 24 and Mr.B.Singavelan for the respondents 25 to 31.

2. The undisputed facts are as follows:- one, Mr. Munusamy Mudaliar filed an application for development of his property, situated in T.S.No.1175, Ward No.2 of Ottapattaria, Kancheepuram Town and District, into a residential layout. The Director of Town and Country Planning forwarded the application to the Deputy Director, Town and Country Planning, Chennai for appropriate action. On 18.03.1971, the Deputy Director of Town and Country Planning, Chennai approved the layout. Munusamy Mudaliyar sought certain changes in the layout and sent the same for alteration and approval. The alteration sought was also granted on 14.06.1971. The revised layout was placed for approval before the Municipal Council of Kancheepuram by Resolution No.477 dated 31.08.1971, the Municipal Council also approved the same.

3. Originally, the area reserved for school and playground was situated in one portion of the property. A request was made to shift the same to the eastern Plot Nos.51 and 52. That too, was granted. Thereafter, the layout, which contained 124 residential plots and shops, were sold. An extent of 1.05 acres was reserved for open space reservation. Pending these changes, Munusamy Mudaliar passed away. After the sale had been made in favour of the members of the petitioner association, a request made to amend the layout plan 28/71, and the revised plan 73/71 by changing the usage from school and playground, to that of a community hall.

4. The members of the petitioner association approached the local councilor and sought his assistance for clearing the bushes that had sprouted in the area and also to construct a compound wall enclosing the area. The idea, being that the area having been earmarked for the benefit of the members of the association, they are entitled to protect the same. The councillor supported this move and the cleaning work commenced on 19.02.2013. At that time, the legal heirs of the original owners, Munusamy Mudaliar and Selvaraja Mudaliar objected to the municipality developing the area reserved as school and playground. They objected to such clearing, on the ground that the land belongs to them. They stated that the land has not been handed over to the Kanchipuram Municipality and by virtue of the amended layout plan, the area reserved for school and playground had been converted to a community hall. Thereafter, the members of the petitioner association caused an enquiry. It was then they came to know that the municipality had initially refused approval. However, citing a wrong provision of law, the land