O R D E R

This writ petition has been filed to direct the respondents from proceeding further in the construction of Angawadi centre or any other purpose, in the place earmarked as Park area in the reguarised layout Approval No.815/2018, bearing Plot Nos.27, 28 & 29 Sri Krishna Garden, comprised in S.No.6/2 Part, situate at Kattu veppilaipatty Village, within Vazhapadi Panchayat Union, Vazhapadi Taluk, Salem District.

2. The case of the petitioner in brief is as follows:-

The petitioner had purchased the vacant land comprised in S.No.5/3B (later sub-divided as S.No.5/3B1), measuring 0.47 cents, totalling to acres 2.38 cents, patta Nos.924 and 406, situate at Kattuveppilaipatty Village, Vazhapadi Taluk, Salem District by way of a sale deed, dated 3/3/2010 registered as Doc No.917/2010 at S.R.O.Vazhapadi, Salem District from one M.Kanagaraj. The petitioner had developed the said land into an unapproved house sites, numbering about 38 plots and sold three of such plots. Since this Hon'ble Court had banned the sale and registration of unapproved layouts, he could not sell the remaining plots.

3. With a view to regulate the sale of unapproved layouts, the Government of Tamil Nadu, through the Housing and Urban Development Department, issued G.O.(Ms) No.78, dated 4/5/2017 framed the Regulations for regularisation of unapproved plots on payment of necessary charges. Hence, the petitioner had submitted an application to the third respondent, seeking regularisation of the unapproved layout developed by the petitioner. Third respondent, vide Proceedings in Na.Ka.No.4696/2018 Se.ma.3 dated

30/8/2018 has granted pre-approval of layout of house sites.

4. Fourth respondent/BDO, vide, Proceedings, dated 20/11/2018 directed the petitioner to execute gift deed in respect of the Open Space Area (OSR Area) in favour of the concerned Panchayat Union. The petitioner had executed a Gift Deed, dated 26/11/2018, registered as Doc.No.373/2018 at S.R.O., Vazhapadi, thereby donating the OSR Area, consisting the Street area, measuring 17129.1/4 sq.ft and park area bearing Plot Nos.27, 28 and

29 measuring 8120.9 sq.ft in favour of Vazhapadi Panchayat Union.

5. When the matter stood thus, during the third week of September, 2022, respondents stacked the building materials in the park area and tried to put up construction to accommodate Anganwadi Centre. Hence the petitioner has come forward with the instant writ petition praying for the relief as stated therein.

6. In the counter filed by the Block Development Officer (V.P)

Panchayat Union, Valapady, it is stated that Government of India launched the Integrated Child Development Service (ICDS) Scheme, on 2nd October, 1975. The Scheme provides for supplementary nutrition, immunization and pre-school education to the children which is one of the popular flagship programme of the Government. The said project is purely in the interest of the children of the local residents and mainly considering the safety of the children. Once the said Open Space Reservation area is gifted to the Government, it becomes a public place and can be used for the welfare of the people without obstructing the reserved purpose.

7. Heard Mr.K.Premkumar, learned counsel or the petitioner, Mr.V.Nanmaran, learned Additional Government Pleader for the respondents 1 to 3, Mr.A.Anandan, learned Government Advocate for the fourth respondent and Mr.M.Murali, Government Advocate for the fifth respondent.

8. Learned counsel appearing for the petitioner submitted that once the land has been handed over to the Corporation, the same has to be maintained as park and hence, the same cannot be utilised for any other purposes and there is no public interest involved.

9. Perused the materials available on record.

10. In the judment of the Apex Court in PT.Chetram Vashist [Dead]

by Lrs. Vs. Municipal Corporation of Delhi reported in [1995]1 Supreme Court Cases 47, the Apex Court has held that Space reserved in the plan for public purpose for park school etc., the Cor