Madras High Court
R.Vijayakumar vs The Director Of Town And Country ... on 27 September, 2021
W.P(MD)No.17254 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17254 of 2021
1.R.Vijayakumar
2.Baskaran
3.Shanmugavel
4.Radhakrishnan
5.Jyothi Arumugam
6.Valarmathi ... Petitioners
Vs.
1.The Director of Town and Country Planning,
Office of the Directorate of Town and Country Planning,
Second, Third and Fourth Floor,
E & C Market Road,
Koyambedu, Chennai-600 107.
2.The Member Secretary,
Madurai Town and Country Planning Authority,
Corporation Building Complex,
3rd Floor, Anna Maligai,
Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Declaration, to declare the reservation
made in respect of the petitioners' land in Survey Nos.104/1, 2, 4, 105/1, 84/1A,
86/1A, 105/1A and 105/1B in Siruthur Village, Tirupalai group, Madurai North
Taluk, Madurai under the Siruthur Detailed Development Plan to have lapsed in
light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971
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and the order made by this Court in W.P.(MD).No.14964 of 2021 dated
1/6
W.P(MD)No.17254 of 2021
24.08.2021 and to consequently direct the 2nd respondent to entertain and grant
planning permission for the development of the petitioner's land.
For Petitioners : Mr.M.Mahaboob Athif
For Respondents : Mr.P.Subbaraj,
Counsel for State.
ORDER
The petitioners seek a declaration for the release of the land
bearing Survey Nos. 104/1, 2, 4, 105/1, 84/1A, 86/1A, 105/1A and 105/1B in
Siruthur Village, Tirupalai Group, Madurai North Taluk, Madurai, from the
Siruthur Detailed Development Plan.
2. The petitioners state that they own the aforesaid lands. Such
lands were included in the Siruthur Detailed Development Plan, which was
published in the year 1998 and approved by the first respondent in the year
2000. The petitioner states that if lands are reserved under the 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 Section 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 2000. As such, in view of the failure of the respondents to
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W.P(MD)No.17254 of 2021
initiate necessary action to acquire the land within a period of three years, it is
stated that the lands are deemed to be released in terms of Section 38.
3. The petitioners also cite 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.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of both the respondents. He submits that the writ petitioners are 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.
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.17254 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.17254 of 2021 is allowed by
declaring that the reservation in respect of lands bearing Survey Nos. 104/1, 2,
4, 105/1, 84/1A, 86/1A, 105/1A and 105/1B in Siruthur Village, Tirupalai
group, Madurai North Taluk, Madurai, is deemed to have lapsed in terms of
Section 38 of the Tamil Nadu Town and Country Planning Act 1971. As a
consequence, the second respondent is directed to consider the petitioners'
application for the grant of planning permission in accordance with law. There
will be no order as to costs.
27.09.2021
Index : Yes / No
Internet : Yes/ No
tsg/LM
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.17254 of 2021
To
1.The Director of Town and Country Planning,
Office of the Directorate of Town and Country Planning,
Second, Third and Fourth Floor,
E & C Market Road,
Koyambedu, Chennai-600 107.
2.The Member Secretary,
Madurai Town and Country Planning Authority,
Corporation Building Complex,
3rd Floor, Anna Maligai,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17254 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/LM
W.P(MD)No.17254 of 2021
27.09.2021
https://www.mhc.tn.gov.in/judis/
