Madras High Court
V.Senthil Kumar vs The Director Of Town & Country ... on 27 August, 2021
W.P(MD)No.15265 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.15265 of 2021
V.Senthil Kumar ... Petitioner
Vs.
1.The Director of Town & Country Planning,
No.807, Anna Salai,
Chennai.
2.The Member Secretary,
Madurai Local Planning Authority,
Madurai Corporation Campus,
3rd Floor, Arignar Anna Maligai,-
Madurai – 625 002.
3.The Assistant Executive Engineer (Scheme) (Po),
Corporation of Madurai.
Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
impugned order passed by the third respondent under Mathi2/010478/2021,
dated 22.07.2021 and to quash the same as illegal and further direct the
respondents to release the petitioner's house plot bearing Plot No.174(S) in
UDR Survey No.116/3, situated at Sirudhur Village, Thiruppalai Group,
Madurai North Taluk, Madurai District, from the project called “Sirudhur
Development Plan VI-'BB' 40' treating the same as lapsed under Section 38 of
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Tamil Nadu Town and Country Planning Act, 1971.
1/6
W.P(MD)No.15265 of 2021
For Petitioner : Mr.K.R.Laxman
For Respondents : Mr.R.Baskaran,
Counsel for State for R1 and R3
: Mr.Prabhu Ramachandran for R3
ORDER
The petitioner challenges an order dated 22.07.2021 and seeks the
release of land.
2. The petitioner purchased a plot bearing No.174(S) in UDR
Survey No.116/3, Siruthur Village, Thiruppalai Group, under a registered sale
deed dated 29.06.2021. Such lands were included in the Siruthur Development
Plan VI-'BB' 40', which was published in the year 1998. The petitioner states
that if lands are reserved under a detailed development plan, such lands would
be deemed to be released in terms of Section 38(b) of the Tamil Nadu Town and
Country Planning Act 1971 (the Act of 1971) unless such lands are acquired in
terms of an agreement within a period of three years from the date of
publication of a notice in the Tamil Nadu Gazette under Sections 26 or 27
thereof. In the case at hand, it is stated that the detailed development plan was
approved in terms of Section 29 of the Act of 1971 in the year 1998. As such,
in view of the failure of the respondents to initiate necessary action to acquire
the land within a period of three years, it is stated that the lands are deemed to
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be released in terms of Section 38.
W.P(MD)No.15265 of 2021
3. The petitioner also cites earlier judgments of this Court in this regard,
In particular, the judgment in RM Shanmuganathan Vs. The Director of
Town and Country Planning 2018 (2) CWC 20 is cited. Learned counsel points
out that the said judgment pertains to the same Siruthur Village, in respect of
which the present writ petition is filed. Another judgment in M.Amsavalli Vs.
The Director of Town and Country Planning 2017 (2) CWC 418 is also cited.
Once again, it is pointed out that the said judgment also relates to the Siruthur
Village.
4. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf
of respondents 1 and 2. He submits that the writ petitioner is entitled to the
benefit of the earlier order of this Court in as much as the detailed development
plan in the instant case was also the subject matter in the earlier orders of this
Court. Mr.Prabhuramachandran, learned counsel, accepts notice on behalf of
the third respondent.
5. Upon considering the aforesaid submissions and on examining Section
38 of the Tamil Nadu Town and Country Planning Act 1971, it is clear that if
the land is not acquired by agreement within three years from the date of
publication of notice in the Tamil Nadu Government Gazette under Section 26
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or 27 thereof, such lands shall be deemed to be released.
W.P(MD)No.15265 of 2021
6. In view of the aforesaid statutory prescription and taking into account
the earlier judgments of this Court, reported in 2018 (2) CWC 20 and 2017 (2)
CWC 418, the writ petitioner is entitled to succeed.
7. Consequently, W.P.(MD).No.15265 of 2021 is allowed by quashing the
impugned order dated 22.07.2021 and directing the respondents to release the
land bearing Survey No.116/3 at Sirudhur Village, Thiruppalai Group, Madurai
North Taluk, Madurai District in terms of Section 38 of the Tamil Nadu Town
and Country Planning Act 1971. There will be no order as to costs.
Consequently, connected W.M.P.(MD).Nos.12174 and 12175 of 2021 are
closed.
27.08.2021
Index : Yes / No
Internet : Yes/ No
tsg
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
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W.P(MD)No.15265 of 2021
To
1.The Director of Town & Country Planning, No.807, Anna Salai,
Chennai.
2.The Member Secretary,
Madurai Local Planning Authority,
Madurai Corporation Campus,
3rd Floor, Arignar Anna Maligai, Madurai – 625 002.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.15265 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg
W.P(MD)No.15265 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis/
