Taking note of the fact that residents of a Tamil Nadu Housing Board Colony in Thoothukudi district were maintaining land earmarked for a park, the Madurai Bench of the Madras High Court observed that it could not be termed encroachment.
The court was hearing a petition filed by Renugadevi of Kovilpatti. The residents of the colony had erected a thulasi madam and a platform to perform yoga on the land that was allotted for public purpose.
The petitioner said the local authorities were supposed to maintain a park there. Since they had not done it, the public erected the thulasi madam and the platform.
A Division Bench of Justices N. Kirubakaran and B. Pugalendhi observed that when the area was earmarked for a park, it was the duty of the local body to maintain it. Since it failed to do so, it was open for the public to use it for public purposes.
In this case, the residents had planted plants and erected the platform for public purpose and this could not be termed encroachment, the court said, and quashed the order passed by the authorities to remove the thulasi madam and the platform.
