Madras High Court
The Principal Secretary vs Victoria Joseph on 26 April, 2023
W.A(MD)No.522 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
W.A(MD)No.522 of 2023
and
CMP(MD)No.5286 of 2023
1. The Principal Secretary,
Housing and Urban Development Department,
St. George Fort,
Secretariat, Chennai-600 009.
2. The Director,
Town and Country Planning,
No.807, Anna Salai,
Chennai - 600 002.
3. The Member Secretary,
Thanjavur Local Planning Authority,
A-2, 7th Street, Arulananda Nagar,
Thanjavur – 613 007. ... Appellants
-vs-
Victoria Joseph ... Respondent
PRAYER : Writ Appeal filed under Clause 15 of Letters
Patent, against the order dated 23.11.2020 made in W.P(MD)No.
16410 of 2020.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.522 of 2023
For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Mr.R.Karunanidhi
JUDGMENT
[Judgment of the Court was made by
The Hon'ble The ACTING CHIEF JUSTICE]
This writ appeal is directed against the impugned order
dated 20.11.2020 passed by the learned Single Judge in
W.P(MD)No.16410 of 2020, in which, the learned Single Judge
taking note of the legal position already decided by this Court in
previous cases, has come to the conclusion that Section 38 of the
Tamil Nadu Town and Country Planning Act is attracted in the
present case for the reason that after earmarking and initiating the
proceedings, the 1st appellant had approved the same and
published in the Official Gazette vide G.O.Ms.No.969, dated
09.08.1995 for 100 feet ring road in the Master Plan Scheme Road.
Later on, the 1st appellant also has passed a Government Order in
G.O(2D)No.03 dated 11.01.2017 and released the nearby lands of
the writ petitioner situated in Survey Nos.221/17, 223/1, 223/3,
234/2A, 234/8, 235/16 and 238/29. Till date, as rightly held by the
learned Single Judge, no further progress or development is taken
place.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.522 of 2023
2. Therefore, following the authoritative pronouncements
made by this Court in The Commissioner Aruppukottai
Municipality vs. Kamakshi Shelty reported in 2011 (8) MLJ
437, A.Raja vs. The Director of Town and Country Planning
and others (W.P(MD)No.15350 of 2016 dated 30.11.2016
and V.Nagamani and another vs. Director of Town and
Country Planning, Chennai and others reported in (2010) 2
MLJ 688 and considering Section 38 of the Tamil Nadu Town and
Country Planning Act which makes it clear that if no steps have
been taken for acquisition of the lands within three years from the
date of the publication of the notification in the Tamil Nadu
Government Gazette under Sections 27 of the Act, the land shall
be deemed to be released from such reservation, allotment or
designation, the learned Single Judge found that pursuant to the
proposal for a ''Proposed 100 feet ring road in the Thanjavur
Master Plan'' by the appellants, the adjoining lands have not been
acquired, and held that Section 38 of the Tamil Nadu Town and
Country Planning Act is attracted in the present case. On this
basis, the learned Single Judge allowed the writ petition. We also
do not find any error in the impugned order.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.522 of 2023
3. Hence, the Writ Appeal fails and it is dismissed. No
costs. Connected miscellaneous petition is closed.
[T.R., A.C.J.] [R.S.M., J.]
26.04.2023
NCC : Yes / No
Index : Yes / No
Internet: Yes / No
bala
To
The District Educational Officer,
Thoothukudi,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.522 of 2023
T.RAJA, A.C.J.
and
R.SUBRAMANIAN, J.
bala
JUDGMNET MADE IN
W.A(MD)No.522 of 2023
DATED : 26.04.2023
https://www.mhc.tn.gov.in/judis
