Madras High Court
J.Ramasamy vs The District Commissioner on 10 June, 2025
Author: S.Srimathy
Bench: S.Srimathy
W.P(MD)No.13782 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.13782 of 2025
J.Ramasamy ... Petitioner
vs.
1. The District Commissioner,
Directorate of Town & Country Planning,
Chepauk,
Chennai – 600 006.
2. The Member Secretary / Joint Director,
Tirunelveli Local Planning Authority,
Tirunelveli – 627 005.
3. The Commissioner,
Tirunelveli City Municipal Corporation,
Tirunelveli. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Declaration, to declare the reservation made in
respect of petitioner's land to an extent of 70 cents situated at T.S.No.26/3, (Old
S.No.141 subdivided into S.No.141/1B2) Block-15, Ward-BR, V.M.Chatiram
Village, Palayamkottai Panchayat Union, Palayamkotai Taluk, Tirunelveli District,
in the “Tirunelveli V.M.Chatram Extension and Development Plan No.9” as
lapsed and deemed to be released as per Section 38 of the Tamil Nadu Town and
Country Planning Act, 1971.
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:53:57 pm )
W.P(MD)No.13782 of 2025
For Petitioner : Mr.S.Srikanth
For R-1 & 2 : Mr.R.Ragavendran
Government Advocate
For R-3 : Mr.S.Sivanupandian
ORDER
This writ petition has been filed for Writ of Declaration, the reservation
made in respect of petitioner's land to an extent of 70 cents situate at T.S.No.26/3,
(Old S.No.141 subdivided into S.No.141/1B2) Block-15, Ward-BR,
V..M.Chatiram Village, Palayamkottai Panchayat Union, Palayamkotai Taluk,
Tirunelveli District, in the “Tirunelveli V.M.Chatram Extension and Development
Plan No.9” as lapsed and deemed to be released as per Section 38 of the Tamil
Nadu Town and Country Planning Act, 1971.
2. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
3. The petitioner purchased the property in T.S.No.26/3, (Old S.No.141
subdivided into S.No.141/1B2) Block-15, Ward-BR, V.M.Chatiram Village,
Palayamkottai Panchayat Union, Palayamkotai Taluk, Tirunelveli District to an
extent of 70 cents, by registered sale deed dated 30.09.2024 vide Document No.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:53:57 pm )
6875 of 2024. After purchase, the petitioner is in possession and enjoyment of the
subject property.
4. When the petitioner intended to develop the subject property, the third
respondent informed that the subject property has been shown as park in V.M.
Chatram Extension Development Plan – 9. However, sofar the said property has
not been acquired for development of park. The aforesaid plan was issued in the
year 2001. Even after lapse of 23 years, the respondents failed to acquire the
subject property.
5. It is relevant to extract the provision under Section 38 of Tamil Nadu
Town and Country Planning Act, 1971, which reads 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.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:53:57 pm )
6. Accordingly, if a particular land is not acquired by the agreement, such
land will be deemed to be released from such reservation or allotment or
designation. Inspite of the aforesaid plan was issued in the year 2001 itself, there
is no acquisition sofar in respect of the subject property by the authorities
concerned for the purpose of park.
7. This issue has already been dealt with by the Hon'ble Division Bench of
this Court recently in WA.(MD)No.485 of 2020 by judgment dated 21.07.2020,
wherein it was held that the scheme itself is lapsed by virtue of Section 38 of
Tamil Nadu Town and Country Planning Act, 1971, and the relevant portion of
the judgment is extracted hereunder:-
“11. As rightly pointed out by the learned Counsel
appearing for the respondents/writ petitioners that the counter
affidavit proceeds on the merits of the claim and in no way deal
with deemed lapse and in the considered opinion of this Court, the
learned Judge, on correct appreciation of facts and by applying the
legal position as enumerated in the above said judgment, allowed
the writ petition. This Court, on going through the reasons assigned
in the impugned order, is of the considered view that there is no
infirmity or error apparent on the face of the record for the reason
assigned by the learned Single Judge for allowing the writ petition
and finds that the writ appeal lacks merits.
12. It is also brought to the knowledge of this Court that the
writ appeal filed by the official respondents in W.A.(MD)No.340 of
2020, against the order dated 27.02.2017 in W.P.(MD)No.14456 of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:53:57 pm )
2014 was also dismissed on 02.03.2020.”
8. The above judgment is squarely applicable to the case on hand, since the
subject property was notified under Section 37 of Tamil Nadu Town and Country
Planning Act, 1971 in the year 2001 and thereafter, the respondents did not take
any steps to acquire the subject property even till today.
9. In view of the above, the subject property in T.S.No.26/3, (Old S.No.141
subdivided into S.No.141/1B2) Block-15, Ward-BR, V..M.Chatiram Village,
Palayamkottai Panchayat Union, Palayamkotai Taluk, Tirunelveli District, is
declared as lapsed in light of Section 38 of the Tamil Nadu Town and Country
Planning Act, 1971 and this writ petition is allowed. No costs.
10.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
jbr
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:53:57 pm )
To:
1. The District Commissioner,
Directorate of Town & Country Planning,
Chepauk,
Chennai – 600 006.
2. The Member Secretary / Joint Director,
Tirunelveli Local Planning Authority,
Tirunelveli – 627 005.
3. The Commissioner,
Tirunelveli City Municipal Corporation,
Tirunelveli.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:53:57 pm )
S.SRIMATHY, J.
jbr
ORDER MADE IN
DATED : 10.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:53:57 pm )
