While quashing the order Justice. R.N.Manjula observed that there was no community hall dedicated to public use in any nearby area and every household may not find it convenient to convene small functions, celebrations or any communal gathering by paying huge rent to private halls.

Earlier Anna Nagar Extension Association has been given with a permission by the then Ambattur Municipality to utilize a portion of the land reserved for public use for constructing a public library and reading room with its own funds and maintain the same, with a condition that the public should be allowed to make use of the tennis court that has to be constructed and that the land should be handed over as and when it is required by the Municipality.
The Zonal Officer issued a notice to the association that the first floor of the building is being used by the association for commercial purposes as they conduct Yoga and dance classes for the children of the neighbourhood to hold functions of the residents. The association submitted that a nominal fee is collected just for maintenance purposes and to pay the trainers and that the activities are in the interest of the public and gave a representation to the authorities, but the same was rejected and the premises also kept under lock and seal stating that the premises is required for establishing a Health and Wellness centre by the Corporation.
While quashing the order Justice. R.N.Manjula observed that there was no community hall dedicated to public use in any nearby area and every household may not find it convenient to convene small functions, celebrations or any communal gathering by paying huge rent to private halls. The court observed that the association could have approached the authorities to have such a hall in place as how it was materialized for the library and tennis court and made it authentic
It is further observed that it would have been a better approach if the corporation authorities also held talks with the association for erecting a community hall instead of resorting to any punitive steps like lock and seal, especially in the absence of any complaints from any member of the association.
The court said that the ward counsellors and other representatives from the public are elected by the local residents with the hope that those persons being their own neighbours will reflect their needs and sentiments without playing any power politics by losing their identity in the race for power and hence interaction with the public and their representatives is possible at every level.
The court observed that the corporation which owns the title to the lands in question, undoubtedly has the right to regulate the usage by imposing conditions, but those conditions should be reasonable and public friendly. It also impressed the authorities that if an individual occupies a public land illegally, no doubt severe action should be taken by keeping the public interest in mind, but when public indulge in some essential activities in public space without strict adherence to rules, there is no necessity to show immediate hostility or harshness, instead the authorities can appraise the ground realities and try to resolve the issue with a better balance by keeping the severe actions like lock and seal as a last resort.
By observing that the impugned order has been passed without considering the public convenience, the court quashed the order and directed the commissioner to re-consider and pass orders or suggest methods for resolving the issue smoothly in the best interest of public and if needed to hold discussion with the association or any other public representative and pass orders / regulations / frame any scheme in a constructive and inclusive manner.