Citation : 2026 Latest Caselaw 1214 Mad
Judgement Date : 12 March, 2026
W.P(MD)No.6813 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.6813 of 2026
and
W.M.P(MD)No.5635 of 2026
G.Radhakrishnan ... Petitioner
vs.
1.The Director,
Town and Country Planning Department,
DTCP, CMDA Office Complex, E and C,
Market Road,
Srinivasa Nagar, Virugambakkam,
Koyambedu,
Chennai - 600 107.
2.The District Collector,
Thanjavur District,
Thanjavur.
3.The Commissioner,
Thanjavur Municipality,
Thanjavur District.
1/6
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W.P(MD)No.6813 of 2026
4.The Assistant Director,
Thanjavur Local Planning Authority,
Ganapathy Nagar 2nd Street,
Medical College Road,
Thanjavur - 613 007. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents to
maintain the park situated in the OSR land comprised in S.Nos.175/1B to
175/1L in Neelagiri Therku Thottam Village, Thanjavur District called as Sri
Nagar Co-Operative Colony, based on the petitioner's representation dated
05.03.2026 within a stipulated time in accordance with law.
For Petitioner : Mr.A.Arun Prasad
For Respondents : Mr.P.T.Thiraviam (R1, R2 & R4)
Government Advocate
: Mr.N.Dilip Kumar (R3)
Standing Counsel
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition seeking a
direction to the respondents to maintain the park situated in the OSR land
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comprised in S.Nos.175/1B to 175/1L in Neelagiri Therku Thottam Village,
Thanjavur District, known as Sri Nagar Co-Operative Colony, based on the
petitioner’s representation dated 05.03.2026.
2.It is the grievance of the petitioner that the open space, which
was reserved for public purposes, is required to be maintained by the
Thanjavur Corporation. However, the said park has not been properly
maintained by the third respondent. The petitioner further contends that the
third respondent is attempting to dig a pit to store drainage water and to
construct a sewage pumping station in the said area, which is reserved for
the park. In this regard, the petitioner submitted a representation dated
05.03.2026 before the authority concerned. Since no action has been taken
so far, the petitioner has filed the present Writ Petition.
3.The learned Standing Counsel appearing for the third
respondent produced a photograph and submitted that it is not a sewage
plant, but in fact a pumping station, and that the area is a low-lying area. It
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was further submitted that the proposed pumping station is outside the park
and on the public road.
4.The photograph clearly shows that the site earmarked for the
pumping station is outside the park and is not part of the OSR land. In view
of the same, we do not find any merit in the Writ Petition. Accordingly, the
Writ Petition is dismissed. There shall be no order as to costs. Consequently,
connected Miscellaneous Petition is closed.
[N.S.K.,J.] [M.J.R.,J.]
12.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The Director,
Town and Country Planning Department, DTCP, CMDA Office Complex, E and C, Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai - 600 107.
2.The District Collector, Thanjavur District, Thanjavur.
3.The Commissioner, Thanjavur Municipality, Thanjavur District.
4.The Assistant Director, Thanjavur Local Planning Authority, Ganapathy Nagar 2nd Street, Medical College Road, Thanjavur - 613 007.
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N.SATHISH KUMAR, J.
and M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 12.03.2026
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