Madras High Court
The Diocese Of Ramanathapuram vs The Government Of Tamil Nadu on 21 January, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No. 5200 of 2017
And
W.M.P.Nos. 5523 & 5524 of 2017
And
W.M.P.No. 9982 of 2018
The Diocese of Ramanathapuram
Rep. By its Finance Officer
Catholic Bishop's House
C/o. Holy Trinity Cathedral
Trichy Road
Ramanathapuram
Coimbatore – 641 045. ... Petitioner
..Vs..
1. The Government of Tamil Nadu
Rep. by its Secretary
Department of Housing and Urban Development
Fort St. George, Madras – 600 009.
2. The Director
Directorate of Town and Country Planning
Head Office
No.807, Anna Salai
Chennai – 600 002.
3. The Deputy Director
Town and Country Planning
Coimbatore Region
Dr.Nanjappa Road
Corporation Shopping Complex
Coimbatore – 641 018.
https://www.mhc.tn.gov.in/judis
2
4. The Member Secretary
Coimbatore Local Planning Authority
Corporation Shopping Complex (1st Floor)
Tatabad, Sivananda Colony
Coimbatore – 641 012. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India,
praying for the issue of a Writ of Certiorarified Mandamus calling for
the records pertaining to the impugned Master plan in G.O.Ms.No.
661 in H & UD Department, dated 12.10.1994 on the file of the first
respondent and the consequential proceedings dated 04.01.2017 in
Na.Ka.No.6028/2016/UTKU-3, on the file of the fourth respondent and
quash the same in respect of the lands of the petitioner in S.F.No.
261/1B at Veera Keralam Village, Perur Taluk, Coimbatore District
directing the respondents to accord approval to the proposed building
plan for Priests Residence in the said lands as submitted by the
petitioner, on 21.08.2015.
***
For Petitioner :: Dr. Fr. A.Xavier Arul Raj
Senior Counsel for
MR.A.Arul Mary
For Respondents :: Mr. T.Chandrasekaran
Special Government Pleader
ORDER
The Writ Petition has been filed in the nature of Certiorarified
Mandamus seeking records relating to the impugned Master Plan in
G.O.Ms.No. 661 in H & UD Department, dated 12.10.1994 on the file
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of the first respondent and consequential proceedings dated
04.01.2017 in Na.Ka.No. 6028/2016/UTKU-3 on the file of the fourth
respondent and quash the same with respect to the lands of the
petitioner in S.F.No. 261/1B at Veera Keralam Village, Perur Taluk,
Coimbatore District.
2. The petitioner seeks a direction against the respondents to
grant approval to the proposed building plan for Priests Residence in
the said lands as submitted by the petitioner on 21.08.2015.
3. In the affidavit filed in support of the Writ Petition, it had
been stated that the land measuring 0.30 acres in S.F.No. 261/1 in
Kurunji Nagar, Veera Keralam Village in Perur Taluk had been
purchased by the petitioner Diocese by a registered sale deed dated
04.06.2013 and registered as Document No. 4700 of 2013 on the file
of the Sub Registrar Office at Thonamuthur. A patta with respect to
the land had also been granted in patta No. 1585. The name of the
petitioner was also mutated in the 'A' register and in the FMB
Register issued by the Revenue authorities. It is claimed that the
petitioner is the absolute owner of the said lands.
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4. It had also been stated that the petitioner proposed to
construct a residential quarters for the Priests of the Diocese in the
said land. The petitioner prepared a building plan for the proposed
Priests' Residence and had submitted the same to the Local Planning
Authority under the control of the fourth respondent along with
relevant documents on 01.11.2016. This proposal was rejected by the
fourth respondent by letter dated 04.01.2017. It was stated that the
land is within the proposed (AA) Scheme Road of a width of 24 meters
in the draft Veera Keralam Detailed Development Plan No.7.
5. It had been stated that the petitioner will have to file an
application to cancel the proposed scheme road. It had been further
stated in the affidavit that the Veera Keralam Detailed Development
Plant No.7 within Coimbatore Local Planning Area is part of the
Master Plan notified under Section 10(4) of the Tamil Nadu Town and
Country Planning Act, 1971 under G.O.Ms.No. 1502, dated
21.06.1974 issued by the Rural Development and Local
Administration Department. This was further confirmed by
G.O.Ms.No. 503 dated 17.04.1980 Housing and Urban Development
issued under Section 10(4) of the Tamil Nadu Town and Country
Planning Act, 1971.
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6. Thereafter, the second respondent had constituted a Local
Planning Authority for Coimbatore. The District Collector at
Coimbatore and the Regional Deputy Director of Town and Country
Planning were appointed as Chairman and Managing Director of the
Local Planning Authority. It had been stated that the detailed
Development Plan No.7 was published on 18.07.1991. It had been
further stated that the land of the petitioner in S.F.No. 261/B was also
included in the proposed AA Scheme Road.
7. The Master plan was approved by G.O.Ms.No. 661 H & U D
Department dated 12.10.1994. The final approval was published in
the Tamil Nadu Government Gazette in G.O.Ms.No. 661 dated
12.10.1994 H & UD Department. The land of the petitioner was
included as part of the Master Plan for Coimbatore LPA. It had been
contended that no further action had been taken after the said
notification. It had been thus stated that the plan had lapsed under
Section 38 of the Town and Country Planning Act 1971. It is under
those circumstances that the present Writ Petition has been filed
seeking a Mandamus questioning the rejection of the building plan
approval granted by the petitioner and to declare G.O.Ms.No. 661 in
H & UD Department, dated 12.10.1994 and the consequential
proceedings dated 04.01.2017 as null and void with respect to the
land of the petitioner.
https://www.mhc.tn.gov.in/judis
8. A counter affidavit had been filed stating that though the
land of the petitioner had not been properly acquired and put to use
by the respondent, it could be used in future for the proposed plan as
a road.
9. Section 38 of the Town and Country Planning Act, 1971
relates to release of the land. The provision is very clear. Section 38
of the said Act is as follows:-
“38. Release of land.
- If within three years from the date of the
publication of the notice in the Tamil Nadu
Government Gazette under 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 plan, 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. ”
10. It is seen that if within 5 years from the date of publication
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of the notice in the Tamil Nadu Government Gazette under Sections
26 and 27, the acquisition of land had not been made with respect to
any land reserved, allotted or designated in the Master plan or
Detailed Development Plan or New Development Plan or
Development Scheme within the extended period, they shall be
deemed to have been released from such reservation, allotment or
designation.
11. The issue is no longer res integra. The Hon'ble Supreme
Court in (2010) 9 SCC 344 [Pillayar P.K.V.K.N Trust through
Ramanathan Vs. Karpaga N.N.U.S represented by Secretary
and others], had held as follows with respect to the very same
provision:-
“25. The High Court then referred to the
argument made that admittedly 40 plots were
private land and, therefore, even if it is presumed
that it was included under the plan of 1992, yet
since the land was not acquired either by agreement
or by acquisition, they would be deemed to have
been released from reservation. The High Court has
undoubtedly posed this question up to para 16 but
has chosen not to answer it till last. We, therefore,
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put the same question to the counsel for the
respondent as also to the counsel for the
Government and both the counsel fairly conceded
that the land is still not acquired.
26. Section 38 of the Tamil Nadu Town and
Country Planning Act, 1971 runs as under:
“38. Release of land.—If within three years
from the date of the publication of the notice in the
Tamil Nadu Government Gazette under 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 plan, 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.”
27. In view of the admitted position that the
land is not acquired by agreement till the date of the
judgment of the High Court, the deeming clause
would certainly come into force and, therefore,
the land concerned would certainly be deemed
to have been released. ”
[Emphasis supplied]
12. The law is clear. Once the time period had lapsed, then as
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stated by the Hon'ble Supreme Court, the land concerned would be
deemed to have been released from acquisition.
13. It had been urged on behalf of the respondent that the land
would be required for laying of the road in future. If that be so, the
respondent may commence fresh proceedings with respect to
acquisition.
14. The Writ Petition stands allowed. Consequently, connected
Civil Miscellaneous Petitions stand closed. No order as to costs.
15. A direction is issued to the respondent to examine the plan
given for the proposed building by the petitioners for the residence of
the Priests and if it is otherwise in order, grant approval without
unnecessary delay.
21.01.2025
vsg
Index: Yes/No
Internet: Yes/No
Speaking / Non Speaking Order
C.V.KARTHIKEYAN, J.,
https://www.mhc.tn.gov.in/judis
vsg
To
1. The Secretary
The Government of Tamil Nadu
Department of Housing and Urban Development
Fort St. George, Madras – 600 009.
2. The Director
Directorate of Town and Country Planning
Head Office
No.807, Anna Salai
Chennai – 600 002.
3. The Deputy Director
Town and Country Planning
Coimbatore Region
Dr.Nanjappa Road
Corporation Shopping Complex
Coimbatore – 641 018.
4. The Member Secretary
Coimbatore Local Planning Authority
Corporation Shopping Complex (1st Floor)
Tatabad, Sivananda Colony
Coimbatore – 641 012.
And
W.M.P.Nos. 5523 & 5524 of 2017
And
21.01.2025
https://www.mhc.tn.gov.in/judis
