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W.P.No.29665 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

W.P.No.29665 of 2023

and

W.M.P.No.29273 of 2023

M/s.Jain Housing,

A Partnership Firm,

Represented by its Authorised Signatory,

R.Vasudevan,

Having Office at No.98/99, Habbibullah Road,

T Nagar, Chennai – 600 017. .. Petitioner

Vs.

1.The Commissioner,

Tambaram City Municipal Corporation,

Tambaram, Chennai – 600 075.

2.The Member Secretary,

Chennai Metropolitan Development Authority,

Thalamuthu Natarajan Building,

No.1, Gandhi Irwin Road,

Egmore, Chennai – 600 008. .. Respondents

(R2 impleaded vide order dated 20.03.2024

made in W.M.P.No.6945 of 2024 in W.P.No.

29665 of 2023)

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus, directing the respondent herein to

remove all constructions which have been put up and which is being

continued to be put up in the Survey field numbers 168/1A, 168/1B and

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W.P.No.29665 of 2023

168/3 of Pammal Village, Pallavaram Taluk (formerly under Tambaram

Taluk), Chengalpattu District (formerly under Kancheepuram District)

and consequently direct the respondent to develop a recreational zone in

the entire area of 5620 square meters earmarked and gifted by the

petitioner for Open Space Recreational purposes as per the Development

Control Regulations.

For Petitioner : Mr.P.V.Balasubramaniam

Senior Counsel

for M/s.Ganesh and Ganesh

For R1 : Mr.P.Srinivas

For R2 : Mr.V.Sudalai Selvan

Standing Counsel

O R D E R

Heard Mr.P.V.Balasubramaniam, Senior Counsel for M/s.Ganesh

and Ganesh, Mr.P.Srinivas for the 1^st respondent and Mr.V.Sudalai

Selvan, Standing Counsel for the 2^nd respondent.

2.The writ petitioner is a developer of properties. It developed a

residential community in Survey Numbers 168/1A, 168/1B and 168/3 of

Pammal Village, Tambaram Taluk, Kancheepuram District. It obtained

permission for putting up a residential community in layout approval

No.87/2006. One of the conditions for granting the approval was gifting

an area of 5620 sq.mts to be used as Open Space Recreational Purposes

(OSR). The petitioner executed a document on 15.06.2006 in this regard.

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W.P.No.29665 of 2023

A perusal of the document shows that an extent of 6780 sq.mts was

reserved for road and another extent of 5620 sq.mts was reserved for

park.

3.An attempt was made by the predecessor of the 1^st respondent,

namely, the Pammal Municipality, to convert this Open Space

Reservation into a dump yard. Hence, the petitioner filed writ petition in

W.P.Nos.7658 of 2018 and 7659 of 2018. The same came to be ordered

by this Court in the following terms:-

“6.Considering the rival submission, it is

seen that the respondent municipality is only

going to construct a micro compost yard in a

small extent of 7100 sq.feet of the land, out of

the total extent of 60,500 sq.feet earmarked for

public purpose. It is stated that the micro

compost yard is only going to process the

wastes generated by the residents in the

neighbouring area, by which the petitioner is

also going to be benefited. In the said

circumstances, I find no illegality on the part of

the respondents in using the space for

constructing a compost yard, which is also for a

public purpose.

7.So far as the writ petition in

W.P.No.7659 of 2018 is concerned, now the

respondent municipality has filed a counter

affidavit stating that they are going to develop

the park site as Compost Yard in a smaller

extent of the area and in the remaining areas, at

the cost of Rs.34 lakhs, the Municipality going

to develop the area. Hence, there is no necessity

to hand over the area to the petitioner.”

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W.P.No.29665 of 2023

4.The grievance of the petitioner is that the respondent has

expanded the area of usage from 7100 sq.ft, as was approved for us