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M.N.Murugappa Girls Higher Secondary ... vs The Director Of Town & Country Planning
2025 Latest Caselaw 4995 Mad

Citation : 2025 Latest Caselaw 4995 Mad
Judgement Date : 18 June, 2025

Madras High Court

M.N.Murugappa Girls Higher Secondary ... vs The Director Of Town & Country Planning on 18 June, 2025

                                                                                                W.P.No.15837 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 18.06.2025

                                                          CORAM :
                                     THE HONOURABLE MRS. JUSTICE N.MALA

                                      Writ Petition No.15837 of 2025

                M.N.Murugappa Girls Higher Secondary School Committee,
                Represented by its President,
                Mr.K.Veera Senthil
                Door No.251, B.S.Sundaram Road,
                Palayakkadu,
                Tiruppur-District-641 601                      ... Petitioner

                                                                Vs.

                1.The Director of Town & Country Planning,
                  Office of the Directorate of Town & Country Planning,
                  Second, Third and Fourth Floors,
                  E & C Market Road,
                  Koyambedu, Chennai – 600 107.

                2.Assistant Director,
                  Town & Country Planning,
                  Office of the District Town & Country Planning,
                  First Floor, Kumaran Commercial Complex,
                  Tirupur.

                3.The Commissioner,
                  Tirupur Municipal Corporation,
                  Tirupur.                                                             … Respondents




                Page No.1 of 22




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                                                                                       W.P.No.15837 of 2025

                PRAYER: Writ Petition filed under Article 226 of Constitution of India praying
                for issuance of Writ of Declaration, to declare that the property comprised in Old
                S.No.251, Old Ward F, Old Block No.9, Old T.S. No.7/2 and New Ward F, New
                Block No.149, New T.S.No.4, of Mannarai Village, measuring to an extent of
                acres 4.50 cents, situated at Mannarai Village, Tirupur North Taluk, Tirupur
                District (property) is in forming part of Tiruppur Local Planning Area-Detailed
                Development Plan-16, MAP No.4, for the purpose of forming the E2 E2-50' Feet
                Road, D1 D1-60' Feet Road, E3 E3-50' Feet Road which was approved by the
                Director of Town and Country Planning, the First Respondent herein in DDP/
                (C.N) No.1/ 91 dated 07.03.1991, the petitioners lands falls on for the purpose of
                forming the E2 E2-50' Feet Road, D1 D1-60' Feet Road, E3 E3-50' Feet Road, to
                have lapsed in the light of Section 38 of the Tamil Nadu Town and Country
                Planning Act, 1971 (TN Act 35 of 1974) and the decisions of this Hon'ble Court in
                W.P.(MD) No.8515 of 2021 dated 25.06.2021 and in W.P.No.106 of 2022 dated
                07.01.2022, and in W.P.No.22384/2023 dated 22.08.2023, and in W.P. No.32815/
                2024 dated 14.02.2025 and in W.P.No.8787/2025 dated 25.03.2025.



                          For Petitioner           :           Mr.P.Tamilmani

                          For Respondents 1 & 2 :              Mr.N.Naveen Kumar,
                                                               Government Advocate

                          For Respondent 3         :           Mr.Abishek Murthy,
                                                               Standing Counsel




                Page No.2 of 22




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                                                                                       W.P.No.15837 of 2025

                                                     ORDER

The petitioner has filed this petition seeking to declare that property

comprised in Old S.No.251, Old Ward F, Old Block No.9, Old T.S. No.7/2 and

New Ward F, New Block No.149, New T.S. No.4, of Mannarai Village, measuring

to an extent of acre 4.50 cents, situated at Mannarai Village, Tirupur North Taluk,

Tirupur District (property) is in forming part in Tiruppur Local Planning area-

detailed Development Plan-16 MAP No.4 for the purpose of forming the E2 E2 50

feet road, D1 D1-60 feet road, E3 E3-50 feet road which was approved by the

Director of Town and Country Planning the first respondent herein in DDP/ (C.N)

No.1/91 dated 07.03.1991 the petitioners lands falls on for the purpose of forming

the E2 E2-50 feet road, D1 D1-60 feet road, E3- E3-50 feet road to have lapsed in

the light of Section 38 of the Tamil Nadu Town and Country Planning act, 1971

(TN Act 35 of 1974) and the decisions of this Honourable Court in W.P.(MD)

No.8515 of 2021 dated 25.06.2021 W.P. No.106 of 2022 dated 07.01.2022,

W.P.No.22384/2023 dated 22.08.2023, W.P.No.32815/2024 dated 14.02.2025 and

in W.P.No.8787/2025 dated 25.03.2025.

2. The petitioner, M.N. Murugappa Girls Higher Secondary School

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Committee, owns 4.50 cents of land in Mannarai Village, Tirupur District, which

was part of a larger extent originally purchased in 1980 and later partially settled

for educational purposes. The subject land was reserved under the Tirupur Local

Planning Area - Detailed Development Plan-16 (DDP-16), approved in 1991, for

forming roads (E2, D1, E3). However, despite the passage of over three decades,

the authorities have not acquired the land as required under Section 37 of the

Tamil Nadu Town and Country Planning Act, 1971. As per Section 38 of the Act

and consistent judicial precedents, such reservation lapses if not acquired within

three years. The petitioner, now seeking to develop the land for educational use,

filed the present writ petition.

3. Learned counsel for the petitioner would submit that the aforesaid scheme

prepared in the year 1991, it was stated that the said land would be acquired by the

respondents as provided under the provision of Chapter IV of Town and Country

Planning Act, 1971 (herein after referred to as Act). However, the Government

had not taken any steps to acquire the land. It is also informed to the petitioner

that the proposal to form the road has not been given effect to or implemented. It

was also informed that under Section 25 of the Act, the Town Planning authority

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should have obtained approval from the Government within three years from the

date of the publication of the scheme but, they have not done so.

4. Learned counsel for the petitioner would submit that the petitioner had

made representation several times to the respondents to release the lands

belonging to him as the same is not acquired and no more public purpose is

involved under the deemed proviso viz., under Section 38 of the Act, land would

be deemed to be released from reservation, allotment or designation.

5. Learned counsel for the petitioner would then place reliance on the

similar orders passed by this Court, which are as follows:

a) In the case of A.Kondasamy Vs. The Director of Town & Country

Planning, Office of the Directorate of Town and Country Planning, 2nd, 3rd and

4th Floor, E & C Market Road, Koyambedu, Chennai - 600 107 and others in

W.P.No.25243 of 2021 dated 29.11.2024.

b) In the case Alagirisamy Vs. The Director of Town & Country Planning,

807, Anna Salai, Chennai, Chennai District and others in W.P.No.27672 of 2022

dated 12.12.2022.

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c) In the case of M/s.C.Vasanthadevi and another Vs. The Secretary,

Housing and Urban Development Department, Fort St.George, Chennai - 600 015

and others in W.P.No.29069 of 2022 dated 12.12.2022.

d) In the case of V.Vijayalakshmi Vs. The Managing Director, Office of

Director Municipality, Chepauk, Near Anna Square, Chennai - 600 005 and others

in W.P.No.29297 of 2022 dated 12.12.2022.

e) In the case of S.Ponnusamy and others Vs. The Director of Town &

Country Planning, Office of Directorate of Town & Country Planning, Second,

Third and Fourth Floors, E & C Market Road, Koyambedu, Chennai - 600 107 and

others in W.P.No.30168 of 2022 dated 12.12.2022.

f) In the case of Ramesh Chand and others Vs. The Commissioner,

Directorate of Town & Country Planning, Chengalvarayan Building, 4th Floor,

807, Anna Salai, Chennai - 600 002 and others in W.P.No.31752 of 2022 dated

12.12.2022.

g) In the case of M.Shanmugharaj Vs. The Director of Town & Country

Planning, Office of Directorate of Town & Country Planning, Second, Third and

Fourth Floors, E & C Market Road, Koyambedu, Chennai - 600 107 and others in

W.P.No.30169 of 2022 dated 25.01.2023.

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6. Heard the learned counsel on either side and perused the materials

available on record.

7. The orders relied on by the learned counsel for the petitioner in the case

of A.Kondasamy Vs. The Director of Town & Country Planning, Office of the

Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, E & C Market

Road, Koyambedu, Chennai - 600 107 and others in W.P.No.25243 of 2021,

which held as follows:

''5-. This Court has consistently held that if the land has not been acquired within a period of three years from the date of publishing the detailed development plan in the Gazette, the concerned lands shall be deemed to be released from such reservation. In the present case, the respondents had failed to take any steps to acquire the subject land therefore, by operation of Section 38 of the Act, the scheme has lapsed.''

b) In the case Alagirisamy Vs. The Director of Town & Country

Planning, 807, Anna Salai, Chennai, Chennai District and others in

W.P.No.27672 of 2022, which held as follows:

“4. The main issue that has been urged before this Court is

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that the detailed development plan has lapsed as per Section 38 of the Tamil Nadu Town and Country Planning Act, since the land has not been acquired within a period of three years from the date of publication of the notice under the Tamil Nadu Gazette.

5. It is not necessary for this Court to dwell much on the entire allegation in the Writ Petition, since for the very same detailed development scheme, a Division Bench of this Court in W.A (MD) No.485 of 2020 has held that the scheme had lapsed by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act. The relevant portions in the judgment are extracted hereunder :

“11. As rightly pointed out by the learned counsel appearing for the respondents/writ petitioner 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 WA(MD) No.340 of 2020, against the order dated 27.02.2017 in W.P.(MD) No.14456 of 2014 was also dismissed on 02.03.2020.-”

6. This Court has consistently held that if the land has not been acquired within a period of three years from the date of publishing the detailed development plan in the Gazette, the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

concerned lands shall be deemed to be released from such reservation. It will be beneficial to provide the details of the cases, wherein this Court had reached such a conclusion :

1. M.Amsavalli v. Director of Town and Country Planning reported in (2017) 2 CWC 418.

2. RM.Shanmuganathan v. Director of Town and Country Planning reported in (2018) 2 CWC 20.

3. W.P.(MD) No.5652 of 2019 (LKS Mohammed Meera Mohaideen v. Director of Town and Country Planning)

4. W.A.(MD) No.485 of 2020 (The Director of Town and Country Planning and another v. Muthu and others) and

5. W.P.(MD) No.166 of 2021 (Nagendran v. The Director of Town and Country Planning).

Section 38 of the Tamilnadu Town and Country Planning Act 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.

7. In the present case, the detailed development plan was notified under Section 37 of the Act in the year 2007. However, the respondents failed to take any steps to acquire the land and therefore, by operation of Section 38, the scheme lapsed.”

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c) In the case of M/s.C.Vasanthadevi and another Vs. The Secretary,

Housing and Urban Development Department, Fort St.George, Chennai – 600

015 and others in W.P.No.29069 of 2022, which held as follows:

“4. The main issue that has been urged before this Court is that the detailed development plan has lapsed as per Section 38 of the Tamil Nadu Town and Country Planning Act, since the land has not been acquired within a period of three years from the date of publication of the notice under the Tamil Nadu Gazette.

5. It is not necessary for this Court to dwell much on the entire allegation in the Writ Petition, since for the very same detailed development scheme, a Division Bench of this Court in W.A (MD) No.485 of 2020 has held that the scheme had lapsed by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act. The relevant portions in the judgment are 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

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writ appeal filed by the official respondents in WA(MD) No.340 of 2020, against the order dated 27.02.2017 in W.P.(MD) No.14456 of 2014 was also dismissed on 02.03.2020.-

6. This Court has consistently held that if the land has not been acquired within a period of three years from the date of publishing the detailed development plan in the Gazette, the concerned lands shall be deemed to be released from such reservation. It will be beneficial to provide the details of the cases, wherein this Court had reached such a conclusion :

1. M.Amsavalli v. Director of Town and Country Planning reported in (2017) 2 CWC 418.

2. RM.Shanmuganathan v. Director of Town and Country Planning reported in (2018) 2 CWC 20.

3. W.P.(MD) No.5652 of 2019 (LKS Mohammed Meera Mohaideen v. Director of Town and Country Planning)

4. W.A.(MD) No.485 of 2020 (The Director of Town and Country Planning and another v. Muthu and others) and

5. W.P.(MD) No.166 of 2021 (Nagendran v. The Director of Town and Country Planning).

Section 38 of the Tamilnadu Town and Country Planning Act 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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.

7. In the present case, the detailed development plan was notified under Section 37 of the Act in the year 2007. However, the respondents failed to take any steps to acquire the land and therefore, by operation of Section 38, the scheme lapsed.”

d) In the case of V.Vijayalakshmi Vs. The Managing Director, Office of

Director Municipality, Chepauk, Near Anna Square, Chennai – 600 005 and

others in W.P.No.29297 of 2022, which held as follows:

“4. The main issue that has been urged before this Court is that the detailed development plan has lapsed as per Section 38 of the Tamil Nadu Town and Country Planning Act, since the land has not been acquired within a period of three years from the date of publication of the notice under the Tamil Nadu Gazette.

5. It is not necessary for this Court to dwell much on the entire allegation in the Writ Petition, since for the very same detailed development scheme, a Division Bench of this Court in W.A (MD) No.485 of 2020 has held that the scheme had lapsed by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act. The relevant portions in the judgment are 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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

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 WA(MD) No.340 of 2020, against the order dated 27.02.2017 in W.P.(MD) No.14456 of 2014 was also dismissed on 02.03.2020.-

6. This Court has consistently held that if the land has not been acquired within a period of three years from the date of publishing the detailed development plan in the Gazette, the concerned lands shall be deemed to be released from such reservation. It will be beneficial to provide the details of the cases, wherein this Court had reached such a conclusion :

1. M.Amsavalli v. Director of Town and Country Planning reported in (2017) 2 CWC 418.

2. RM.Shanmuganathan v. Director of Town and Country Planning reported in (2018) 2 CWC 20.

3. W.P.(MD) No.5652 of 2019 (LKS Mohammed Meera Mohaideen v. Director of Town and Country Planning)

4. W.A.(MD) No.485 of 2020 (The Director of Town and Country Planning and another v. Muthu and others) and

5. W.P.(MD) No.166 of 2021 (Nagendran v. The Director of Town and Country Planning).

Section 38 of the Tamilnadu Town and Country Planning Act

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

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.

7. In the present case, the detailed development plan was notified under Section 37 of the Act in the year 2007. However, the respondents failed to take any steps to acquire the land and therefore, by operation of Section 38, the scheme lapsed.”

e) In the case of S.Ponnusamy and others Vs. The Director of Town &

Country Planning, Office of Directorate of Town & Country Planning,

Second, Third and Fourth Floors, E & C Market Road, Koyambedu, Chennai

– 600 107 and others in W.P.No.30168 of 2022, which held as follows:

“4. The main issue that has been urged before this Court is that the detailed development plan has lapsed as per Section 38 of the Tamil Nadu Town and Country Planning Act, since the land has not been acquired within a period of three years from the date of publication of the notice under the Tamil Nadu Gazette.

5. It is not necessary for this Court to dwell much on the entire allegation in the Writ Petition, since for the very same detailed

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

development scheme, a Division Bench of this Court in W.A (MD) No.485 of 2020 has held that the scheme had lapsed by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act. The relevant portions in the judgment are 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 WA(MD) No.340 of 2020, against the order dated 27.02.2017 in W.P.(MD) No.14456 of 2014 was also dismissed on 02.03.2020.-

6. This Court has consistently held that if the land has not been acquired within a period of three years from the date of publishing the detailed development plan in the Gazette, the concerned lands shall be deemed to be released from such reservation. It will be beneficial to provide the details of the cases, wherein this Court had reached such a conclusion :

1. M.Amsavalli v. Director of Town and Country Planning reported in (2017) 2 CWC 418.

2. RM.Shanmuganathan v. Director of Town and Country

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

Planning reported in (2018) 2 CWC 20.

3. W.P.(MD) No.5652 of 2019 (LKS Mohammed Meera Mohaideen v. Director of Town and Country Planning)

4. W.A.(MD) No.485 of 2020 (The Director of Town and Country Planning and another v. Muthu and others) and

5. W.P.(MD) No.166 of 2021 (Nagendran v. The Director of Town and Country Planning).

Section 38 of the Tamilnadu Town and Country Planning Act 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.

7. In the present case, the detailed development plan was notified under Section 37 of the Act in the year 2007. However, the respondents failed to take any steps to acquire the land and therefore, by operation of Section 38, the scheme lapsed.”

f) In the case of Ramesh Chand and others Vs. The Commissioner,

Directorate of Town & Country Planning, Chengalvarayan Building, 4th

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Floor, 807, Anna Salai, Chennai– 600 002 and others in W.P.No.31752 of

2022, which held as follows:

“4. Admittedly, though the scheme road was proposed to be constructed, no steps have been taken by the respondents to acquire the land as per Section 38 of the Tamil Nadu Town Country Planning Act, 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.”

5. Having regard to the above section and as steps has not been taken to acquire the land within three years as per the above section, the respondent shall, without reference to the original proposal of the ring road, is directed to consider the representation of the petitioners on its own merits.”

g) In the case of M.Shanmugharaj Vs. The Director of Town & Country

Planning, Office of Directorate of Town & Country Planning, Second, Third

and Fourth Floors, E & C Market Road, Koyambedu, Chennai – 600 107 and

others in W.P.No.30169 of 2022, which held as follows:

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“4. Learned counsel for the petitioner would submit that only an extent of 4.85 acres have been developed as a layout. While developing the layout, necessary lands have been gifted by gift deed bearing No.10974/2019. According to him, as far as the land already gifted in respect of a layout forming 4.85 acres, he is not claiming any right over the gifted properties. Only he seeks the declaration in respect of the remaining properties as the acquisition has not happened within a period of three years, as contemplated under Section 38 of Tamilnadu Town and Country Planning Act, 1971.

5. Learned counsel for the respondents would submit that since the lands have already been gifted, the petitioner cannot have any right over the property. The entire extent of 7.04 acres was shown in a detailed development plan No.8 of the respondents for the purpose of constructing Elementary School, High school and Play ground.

Though the declaration has been made on 15.07.1992, the land has not been acquired within a period of three years.

6. It is relevant to note that Section 38 of Tamilnadu Town and Country Planning Act, 1971, 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 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

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designation.”

7. However, it is admitted case that the land has not been acquired within a period of three years. In such view of the matter, as per Section 38 of the Tamilnadu Town and Country Planning Act, the remaining area other than the layout already developed shall be released from the development plan. It is also made clear that in future, if the Government intends to acquire the land for any other purposes, this order will not bar for the Government in view of the provision of Land Acquisition Act. Similarly, any application is filed or pending for regularisation of unapproved layout, such application shall be dealt as per Tamilnadu Town and Country Planning Act, 1971, on its own merits, strictly in terms of the Rules.”

8. In view of the plethora of decisions of this Court as had been quoted

above, the law is well settled in this regard as the issue raised in the writ petition is

no more res-integra. Once the three years period is lost within the meaning of

Section 37(2) proviso thereafter, Section 38 can very well be pressed in service

and ultimately, the land is deemed to be released from such reservation, allotment

or designation.

9. Therefore, in view of the legal provisions as well as the categorical

decisions made by this Court, this Court has no hesitation to hold that the

petitioner's land comprised in Old S.No.251, Old Ward F, Old Block No.9, Old

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T.S. No.7/2 and New Ward F, New Block No.149, New T.S.No.4, of Mannarai

Village, measuring to an extent of acre 4.50 cents, situated at Mannarai Village,

Tirupur North Taluk, Tirupur District, shall deemed to be released from such

reservation or allotment or designation under Section 38 of the Act.

10. With the above observation and direction, this writ petition stands

disposed of. No costs.


                                                                                          18.06.2025
                                                                                               (2/2)
                vm /dsn
                Index                :     Yes/No
                Speaking Order       :     Yes/No
                Neutral Citation     :     Yes/No









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                To:

                1.The Director of Town & Country Planning,

Office of the Directorate of Town & Country Planning, Second, third and Fourth Floors, E & C Market Road, Koyambedu, Chennai – 600 107.

2.Assistant Director, Town & Country Planning, Office of the District Town & Country Planning, First Floor, Kumaran Commercial Complex, Tirupur.

3.The Commissioner, Tirupur Municipal Corporation, Tirupur.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

N.MALA,J.

vm/dsn

18.06.2025 (2/2)

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 03:46:52 pm )

 
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