Madras High Court
M.R.Anusha Mol vs The Director on 25 August, 2023
W.P.(MD).No.4774 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.4774 of 2021
and
W.M.P.(MD)Nos.3893 and 3895 of 2021
M.R.Anusha Mol ... Petitioner
Vs.
1.The Director,
The Town and Country Planning,
No.807, Anna Salai,
Chennai-600 002.
2.The Commissioner,
Nagercoil Corporation,
Kanyakumari District-629 001. ... 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
records relating to the impugned order passed by the 2nd respondent
Commissioner dated 25.08.2020 and the proceedings in Ka.Ma.No.150 / CP /
20-21 / 000694 dated 02.02.2021 rejecting application seeking building plan
approval submitted by the petitioner, to quash the same and further, to direct the
2nd respondent Commissioner to approve forthwith the building plan submitted
by the petitioner, dated 08.01.2021.
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1/8
W.P.(MD).No.4774 of 2021
For Petitioner : Mr.Isaac Mohanlal
for M/s.Isaac Chambers
For R-1 : Mr.B.Saravanan
Additional Government Pleader
For R-2 : Mr.P.Aathimoolapandian
*****
ORDER
This writ petition is filed for writ of Certiorarified Mandamus, to quash
the impugned order dated 25.08.2020 passed by the 2nd respondent
Commissioner and the proceedings, dated 02.02.2021 rejecting application
seeking building plan approval submitted by the petitioner and further, to direct
the 2nd respondent Commissioner to approve forthwith the building plan
submitted by the petitioner, dated 08.01.2021.
2. The petitioner is working in Indian Overseas Bank. From her hard-
earned money, she has purchased land admeasuring 3.80 cents. She had
applied for housing loan for construction of new house. On 12.03.2020, the
Bank initially sanctioned Rs.17 Lakhs/-. Therefore, the petitioner submitted an
application to put up construction and sought permission from the 2nd
respondent. The 2nd respondent has declined to grant permission, since the area
is coming under the detailed development plan and in the said plan the common
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W.P.(MD).No.4774 of 2021
road has to be laid down in the petitioner's plot, hence the respondents declined
to grant approval. Aggrieved over the same, the petitioner is before this Court.
3. The learned Counsel appearing for the 2nd respondent relied on the
impugned order and submitted that the 2nd respondent is duty bound to reject
any claim to put up construction if it is coming under the approved Detailed
Development Plan. If there is any discrepancy or any other violation in the Act,
the 1st respondent is the appropriate authority to grant approval. Therefore, the
2nd respondent has declined the grant approval. Moreover, if any order is passed
by the 2nd respondent, then the petitioner ought to approach the Appellate
Authority under Section 79 of the Tamil Nadu Town and Country Planning Act,
1971 and hence the writ petition is not maintainable.
4. On instructions, the learned Additional Government Pleader appearing
for 1st respondent submitted that the land was not acquired within a period of
five years and the relevant portion of the instructions is extracted hereunder:
“Tamil Nadu Town and Country Planning Act, 1971 (IN ACT 35
of 1974) 38-stung Release of land if within Five years from the date of
the publication of the notice in the Tamil Nadu Government Gazette
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W.P.(MD).No.4774 of 2021
under section 26 or section 26 or section 27-(a) no declaration as
provided in sub-section (2) of section 37 is published in respect of any
land reserved, allotted or designated for any purpose specified in a
regional plan, master, detailed development plan or new town
development plan covered by such notice or (b) such land is not
acquired by agreement, such land shall be deemed to be released from
such reservation, allotment or designation. Tamil Nadu Town and
Country planning Act, 1971-d; gb xg;gjyspf;fg;gl;l ehfh;Nfhtpy;
tphpT mgptpUj;jp jpl;lk; vz;. V> y; mikAk; 18.0kP. Mfy 'BB'
jpl;lr;rhiy kw;Wk; 9.0 kP. mfy 'G14-G14' jpl;lr;rhiy
xg;gjyspf;fg;gl;l 5 tUlq;fSf;Fs; epyk;
ifafg;gLj;jg;gltpy;iy (Land Acquisition) vd;w tpguk;
; pf;fg;gLfpwJ.”
rkh;gg
5. The learned Senior Counsel appearing for the petitioner relied on the
following judgments, wherein it is held that if the respondents had not acquired
the land within the prescribed time limit, if the property earmarked for purpose
not utilized as per notification, then the property is deemed to have been
released from Detailed Development Plan.
a. T.Vijayalakshmi and others Vs. Town Planning Member and
another reported in (2006) 8 SCC 502.
b. Casa Granade Private Ltd., Vs. Chennai Metropolitan
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W.P.(MD).No.4774 of 2021
Development Authority reported in (2007) 3 MLJ 647.
c. K.S.Kamakshi Chetty and others Vs. Commissioner,
Aruppukottai Municipality reported in (2008) 2 MLJ 184. Against
which writ appeal was preferred and the Hon’ble Division Bench
has dismissed the appeal preferred by the Municipality which is
reported in (2011) 8 MLJ 437.
d. V.Nagamani and another Vs. The Director of Town & Country
Planning, Chennai reported in (2010) 2 CTC 510.
6. Considering the rival claim, this Court is of the considered opinion
that the issue is settled by several orders of this Court as well as the Hon'ble
Supreme Court. Therefore, when the first respondent has not acquired the land
within the prescribed time limit. Therefore, the impugned order which declines
the approval cannot be sustained. Therefore, the impugned order is quashed.
The second respondent is directed to consider the petitioner's application and
grant approval as per law, if it is otherwise in order. The said exercise shall be
completed within a period of four weeks from the date of receipt of a copy of
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W.P.(MD).No.4774 of 2021
this order.
7.With the above said observation, the writ petition is allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
25.08.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Tmg
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.4774 of 2021
To
1.The Director,
The Town and Country Planning,
No.807, Anna Salai,
Chennai-600 002.
2.The Commissioner,
Nagercoil Corporation,
Kanyakumari District-629 001.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.4774 of 2021
S.SRIMATHY, J.
Tmg
W.P.(MD).No.4774 of 2021
25.08.2023
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