Madras High Court
Revathi vs The Director on 18 November, 2022
W.P.(MD)No.26084 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.11.2022
CORAM
THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN
Writ Petition (MD) No.26084 of 2022
Revathi, W/o.Chellam .. Petitioner
Versus
1.The Director,
Directorate of Town and Country Planning,
2nd, 3rd and 4th Floor, C & E Market Road,
Koyembedu,
Chennai – 600 107.
2.The Member Secretary,
Madurai Local Planning Authority,
Sector – 6, Aanaiyur – Mudakkathan Main Road,
Koodalputhur,
Madurai – 625 017. .. Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, directing the respondents to release the
petitioner's land, measuring of 10 cents, situated in Survey No. 111/2 (Town
Survey No.2/9) in Ward No.25, Kochadai Village, Madurai West Taluk,
Madurai District, treating the Kochadai Detailed Development Plan No.3 of
Madurai Local Planning area as lapsed under Section 38 of the Tamil Nadu
Town and Country Planning Act, 1971.
For Petitioner : Mr.R.Karunanidhi
For Respondents : Mrs.K.Christy Theboral
Additional Government Pleader
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W.P.(MD)No.26084 of 2022
ORDER
The petitioner has approached this Court seeking a direction to the
respondents to release the her land, measuring of 10 cents, situated in Survey
No.111/2 [Town Survey No.2/9] in Ward No.25, Kochadai Village, Madurai
West Taluk, Madurai District, treating the ''Kochadai Detailed Development
Plan No.3'' of Madurai Local Planning area as lapsed under Section 38 of
Tamil Nadu Town and Country Planning Act, 1971.
2. Heard Mr.R.Karunanidhi, learned counsel for the petitioner and
Mrs.K.Christy Theboral, learned Additional Government Pleader, who accepts
notice on behalf of the respondents. By consent, the Writ Petition is taken up
for final disposal at the admission stage itself.
3. According to the petitioner, she is the owner of the aforesaid land and
Patta also stands in her name.
4. While matter stood thus, the respondents had earmarked several
properties, including the property belonging to the petitioner for ''Kochadai
Detailed Development Plan No.3'' and the plan was approved by the first
respondent, vide proceedings in Roc.No.24308/20004/DP2, dated 03.03.2002,
in terms of Section 29 of the Tamil Nadu Town and Country Planning Act,
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W.P.(MD)No.26084 of 2022
1971 and the plan was also published in the Gazette on 19.10.2005 under
Section 31 of the Tamil Nadu Town and Country Planning Act, 1971.
Thereafter, no steps have been taken to acquire the land nor any notice was
issued to the petitioner for acquisition of the same. According to the
petitioner, even after lapse of 17 years, there was no action forthcoming from
the respondents for acquiring the lands for the purpose of the ''Kochadai
Detailed Development Plan No.3'' and the land remains in the possession of
the petitioner as on date.
5. Section 38 of the Tamil Nadu Town and Country Planning Act, 1971,
provides for release of property in favour of its owner in the event of the
property not been acquired within a period of 3 years. It is admitted position
that in spite of publication of the approval of the ''Kochadai Detailed
Development Plan No.3'' in the official gazette dated 19.10.2005, till date, the
land has not been acquired and therefore, it is deemed to have been released to
the owners on expiry of 3 years in the light of Section 38 of said Act. Since the
release of the property has not been effected, the petitioner is before this
Court, seeking issuance of a Writ of Mandamus.
6. According to the learned counsel for the petitioner, the entire issue
raised by the writ petitioner is squarely covered by the order passed by the
Division Bench of this Court reported in (2011) 8 MLJ 437 in the matter of
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W.P.(MD)No.26084 of 2022
Commissioner, Aruppukottai Municipality v.K.S.Kamakshi Chetty and
others. According to the order passed by the Division Bench, when no steps
have been taken for completing the acquisition within 3 years period and when
the property earmarked for the purpose has not been utilized as per the
notification, the property would be deemed to have released from reservation,
allotment or designation as per Section 38 of the Tamil Nadu Town and
Country Planning Act, 1971.
7. The learned counsel for the petitioner has also relied upon the order
passed by this Court in W.P.(MD)No.4753 of 2017, dated 28.03.2017
[P.Babu vs. The Director and another], in which, a direction was issued in
identical set of facts and circumstances, directing to release of the land
belonging to the petitioner therein from ''Kochadai Detailed Development Plan
No.3'', based on the direction issued by the Division Bench of this Court.
Against the said order, the respondents preferred a Writ Appeal in W.A.
(MD)No.447 of 2020 before the Division Bench of this Court. The Division
Bench, vide its judgment dated 02.06.2020, dismissed the writ appeal and
upheld the order of the learned Single Judge. Since the present writ petition
directly covered by the aforesaid decisions and the directions issued by this
Court squarely cover the claim of the petitioner herein, there is no impediment
to allow the writ petition as prayed for.
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W.P.(MD)No.26084 of 2022
8. In the light of the aforesaid facts and circumstances, the Writ Petition is
allowed. The respondents are directed to release the petitioner's land
measuring of 10 cents, situated in Survey No.111/2 [Town Survey No.2/9] in
Ward No.25, Kochadai Village, Madurai West Taluk, Madurai District, from
''Kochadai Detailed Development Plan No.3'' by passing a specific order
within a period of eight weeks from the date of receipt of copy of this order
and communicate the same to the petitioner. No costs.
Index : Yes/No 18.11.2022
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To
1.The Director,
Directorate of Town and Country Planning,
2nd, 3rd and 4th Floor, C & E Market Road,
Koyembedu,
Chennai – 600 107.
2.The Member Secretary,
Madurai Local Planning Authority,
Sector – 6, Aanaiyur – Mudakkathan Main Road,
Koodalputhur,
Madurai – 625 017.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.26084 of 2022
V.BHAVANI SUBBAROYAN, J.
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Order made in
W.P.(MD)No.26084 of 2022
18.11.2022
https://www.mhc.tn.gov.in/judis
