Case Note & Summary
The petitioner, V.N.R.Nagar Makkal Kudiyiruppor Nala Sangam, filed a writ of mandamus seeking a direction to the respondents (State of Tamilnadu, Directorate of Town and Country Planning, and Coimbatore Corporation) to consider de-reservation of a plot reserved for Children Play Space in a layout sanctioned vide LPA(CN) No.52/1981, situated at Vadavalli Village, Coimbatore. The petitioner claimed that alternative children play space was available in the layout and that a temple had been in long possession on the plot, with public sentiments involved. The court noted that a Division Bench of the same court had already passed an order on 05.12.2024 in W.P.No.36854 of 2024, directing the occupants of the children play area to vacate by 17.01.2025 for utilising the land as children play area as per the approved layout. The present writ petition sought de-reservation of the same plot. The court held that the relief sought was not entertainable, as it effectively sought to circumvent the earlier Division Bench order. The court dismissed the writ petition, stating that the negative prayer for de-reservation cannot be granted.
Headnote
A) Town Planning - De-reservation of Public Amenity Plot - Maintainability of Writ - Petitioner sought de-reservation of a plot reserved for children play space in a layout sanctioned in 1981, citing alternative play space and presence of a temple - Court held that the writ petition seeking de-reservation is not entertainable, especially in light of a prior Division Bench order directing vacation of the encroachment for use as children play area - Held that the negative prayer for de-reservation cannot be granted (Paras 3-4).
Issue of Consideration
Whether a writ petition seeking de-reservation of a plot reserved for children play space in a sanctioned layout is maintainable.
Final Decision
The writ petition is dismissed as not entertainable.
Law Points
- De-reservation of public amenity plot not entertainable
- Writ of Mandamus cannot be used to circumvent earlier court orders
- Public purpose reservation cannot be altered by subsequent writ
Case Details
S. M. Subramaniam, K. Surender
Mrs.Karthikaa Ashok for Mr.K.Ramchandran (for petitioner), Mr.T. Arun Kumar, Addl.G.P. for R1 & R2, Mr. N. Umapathi, Standing Counsel for R3
V.N.R.Nagar Makkal Kudiyiruppor Nala Sangam, Rep. By Its Secretary, P.Sankaran
The State of Tamilnadu, The Directorate Of Town And Country Planning, The Commissioner, Coimbatore Corporation
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Nature of Litigation
Writ petition seeking mandamus to consider de-reservation of a plot reserved for children play space.
Remedy Sought
Direction to respondents to consider de-reservation of the plot reserved for Children Play Space in the layout sanctioned vide LPA(CN) No.52/1981.
Filing Reason
Petitioner sought de-reservation citing alternative availability of children play space and long possession of a temple on the plot.
Previous Decisions
Division Bench of Madras High Court in W.P.No.36854 of 2024 dated 05.12.2024 directed occupants of the children play area to vacate by 17.01.2025 for utilising the land as children play area.
Issues
Whether a writ petition seeking de-reservation of a plot reserved for children play space is maintainable.
Submissions/Arguments
Petitioner argued that alternative children play space is available and a temple has been in existence for 28 years, involving public sentiments.
Respondents left it to the court; earlier Division Bench had already directed vacation.
Ratio Decidendi
A writ petition seeking de-reservation of a plot reserved for public amenity (children play space) is not entertainable, especially when a prior Division Bench order has directed vacation of encroachment for the same purpose.
Judgment Excerpts
The present writ petition has been instituted seeking the relief to de-reserve the plot which is not entertainable.
The negative prayer sought for, to de-reserve the plot, is not entertainable.
Procedural History
A Division Bench of the Madras High Court in W.P.No.36854 of 2024 dated 05.12.2024 directed occupants of the children play area to vacate by 17.01.2025. The present writ petition was filed on 28/06/2025 seeking de-reservation of the same plot. The court dismissed the petition on 27-04-2026.
