Madras High Court
WP/43530/2026 of S.M.Devaraji Vs The State of Tamil nadu on 26 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2026
CORAM
THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE G.ARUL MURUGAN
WP No. 43530 of 2026
CNR:{HCMA012564882026}
and WMP No.48852 of 2026
1. S.M.Devaraji
S/o Munusamy, No 86/27 Variyar
nagar, pichanur, Kondasamudram
Gudiyatham 632 62 Vellore District
Petitioner(s)
Vs
1. The State of Tamil nadu
Rep by its Secretary to Government,
Munisipal Administration and Water
supply Department, Secretariat,
Chennai 600 009
2.The Director of Municipal Administration Directorate of Municipal Administration, Raja Annamalaipuram, Chennai 600 028
3.The Commissioner
Gudiyatham Municipality, gudiyatham,
Vellore District
4.The Secretary
Tamil Nadu sports Development
Authority/ Sports Development Authority
of Tamil Nadu, Chennai
5.The District Collector
Vellore District, Vellore
Respondent(s)
PRAYER Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to forthwith stop all further construction activities in the existing playgound comprised in T.S.Nos. 830 and 831, Ward No.2, Block No.8, Gudiyatham Town, Vellore Distract, undertaken for the establishment of the proposed Mini Sports stadium and consequently, direct the Respondents to preserve and maintain the remaining existing playground as an open playground and recreation space for the benefit of school children and the general public, without undertaking any further construction that would diminish or adversely alter its existing character, public access and utility.
For Petitioner:
Mr.S.Santhan
For Respondents:
Mr.M.Roshan Atiq,
Addl Govt Pleader
for RR 1 to 5
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ORDER
(Order of the Court was made by G.Arul Murugan, J.) This writ petition, styled as Public Interest Litigation, is filed seeking to direct the respondents to forthwith stop all further construction activities in the existing playgound comprised in T.S.Nos. 830 and 831, Ward No.2, Block No.8, Gudiyatham Town, Vellore District, which are undertaken for the establishment of the proposed Mini Sports Stadium.
2. Heard learned counsel for petitioner and learned Additional Government Pleader for the respondents.
3. The main grievance of the petitioner is that if the proposed indoor stadium is constructed, the entire general public and the students of the school, who are utilising the playground, would be disturbed, as they would not be allowed to use the indoor stadium. It is further stated that the playground remains as a passage to the place, where there is a kitchen situated for preparation of food under the Chief Minister’s Breakfast Scheme.
4. From the averments in the writ petition, we find that the grievance addressed by the petitioner had already been taken note of by the authorities and the second respondent/Director of Municipal Administration, while granting approval dated 27.11.2025 to the Commissioner, Gudiyatham, had granted necessary approval to put up the indoor stadium specifically on the conditions that the land in which the indoor stadium is being put up will continue to remain in the name of Municipality; further, the students and the entire general public will not be disturbed or prevented from using the indoor stadium; and, also the land which is used as a passage for reaching the kitchen under the Chief Minister’s Breakfast Scheme would not be disturbed.
5. We find that the very conditions have been issued after the municipality passed due resolution permitting construction of the proposed indoor stadium. Further, when the grant has been issued by the second respondent as early as 27.11.2025, based on which the construction has also started, admittedly, the approval of the second respondent dated 27.11.2025 is not put to challenge.
6. It is also brought to our notice that already a similar issue was raised by yet another person in WP No.20734 of 2026 where this Court finding that the apprehensions raised are totally misconceived, by order dated 02.06.2026, dismissed the writ petition.
7. In view of the facts that already an approval was granted, which is not assailed; that the approval completely takes care of the interest of the students and the general public; and the earlier order makes it clear that there shall not be any encroachment on the open playground, we find that the present writ petition is totally misconceived.
Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, the interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 26.10.2026 Index : Yes/No Neutral Citation : Yes/No sra To
1. The Secretary to Government, State of Tamil nadu Munisipal Administration and Water supply Department, Secretariat, Chennai 600 009
2. The Director of Municipal Administration Directorate of Municipal Administration, Raja Annamalaipuram, Chennai 600 028
3. The Commissioner Gudiyatham Municipality, gudiyatham, Vellore District
4. The Secretary Tamil Nadu sports Development Authority/ Sports Development Authority of Tamil Nadu, Chennai
5. The District Collector Vellore District, Vellore
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. (sra) WP No.43530 of 2026 26.10.2026