Madras High Court
R.Suhasini vs The Principal Secretary on 12 March, 2025
W.P.(MD)No.6566 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.6566 of 2025
R.Suhasini ... Petitioner
-vs-
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 Commissioner,
Aruppukottai Municipality,
Aruppukottai,
Virudhunagar District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Declaration to declare the reservation made in respect of
petitioner's land in Survey No.268/2, T.S.No.1/2, Ward No.F-6, to an extent of 2
acres and 16 cents and Survey No.215/5, T.S.No.134, Ward No.F-11, to an extent
of 1 acre 03 cents, situated Aruppukottai Town, Virudhunagar District, as lapsed
as per section 38 of Tamil Nadu Town and Country Planning Act and
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W.P.(MD)No.6566 of 2025
consequently, to direct the respondents to issue appropriate order to releasing the
petitioner's property from the Aruppukottai Municipality Eastern Extension
T.P.Scheme Part III and I in light of the Judgment of this Honourable Court in the
Commissioner, Aruppukottai Municipality vs. Kamashi Shetty reported in 2011
(8) MLJ 437 and consequently, to direct the respondents to make necessary entry
regarding lapse of the Aruppukottai Municipality Eastern Extension T.P. Scheme
Part III and I, in respect of the petitioner's land, based on the petitioner's
representation dated 12.02.2025, within the stipulated period to be fixed by this
Court.
For Petitioner : Mr.G.Radhakrishnan
For R1 and R2 : Mr.K.S.Selvaganesan
Additional Government Pleader
For R3 : Mr.N.Dilip Kumar
Standing Counsel
ORDER
This Writ Petition has been filed seeking declaration to declare the
reservation made in respect of petitioner's land in Survey No.268/2, T.S.No.1/2,
Ward No.F-6, to an extent of 2 acres and 16 cents and Survey No.215/5, T.S.No.
134, Ward No.F-11, to an extent of 1 acre and 3 cents, situated Aruppukottai
Town, Virudhunagar District, as lapsed as per section 38 of Tamil Nadu Town and
Country Planning Act and consequently, to direct the respondents to issue
appropriate order to releasing the petitioner's property from the Aruppukottai
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Municipality Eastern Extension T.P.Scheme Part III and I in light of the judgment
of this Court in the Commissioner, Aruppukottai Municipality vs. Kamashi
Shetty reported in 2011 (8) MLJ 437 and consequently, to direct the respondents
to make necessary entry regarding lapse of the Aruppukottai Municipality Eastern
Extension T.P. Scheme Part III and I, in respect of the petitioner's land, based on
the petitioner's representation dated 12.02.2025.
2. With the consent of both sides, this Writ Petition is taken up for final
disposal at the admission stage itself.
3. The learned counsel for the petitioner submits that the properties in
question originally belonged to the petitioner's father-in-law, who later executed a
gift deed in favour of the petitioner's daughter. When the petitioner decided to
verify the encumbrance on the said properties with the second respondent, she
came to know that the third respondent had recommended the laying of a road on
these properties as part of the Aruppukottai Municipality Eastern Extension TP
Scheme Parts III and I. However, no further action was taken either by the
second respondent or by the third respondent. No notice was issued and no
acquisition proceedings were initiated. As per Section 38 of the Tamil Nadu Town
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and Country Planning Act, if a property is reserved for a public purpose and no
further action is taken within three years from the date of its reservation, the
reservation lapses and the land reserved for the public purpose can be retained by
the original owner. This issue was already decided by this Court in the case of
Commissioner, Aruppukottai Municipality vs. Kamashi Shetty reported in
2011 (8) MLJ 437. Hence, the petitioner submitted a representation dated
12.02.2025 to the respondents to make the necessary entry regarding the lapse of
the Aruppukottai Municipality Eastern Extension T.P. Scheme Parts III and I
concerning the petitioner's land. Since no action has been taken, the petitioner has
filed the present Writ Petition.
4. The learned Additional Government Pleader appearing for the
respondents submits that the representation of the petitioner, dated 12.02.2025
will be considered on merits and appropriate orders will be passed in accordance
with law, within a time frame as fixed by this Court.
5. Recording the above submissions, this Writ Petition is disposed of, with
a direction to the respondents to consider the representation of the petitioner,
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dated 12.02.2025, on merits and pass appropriate orders in accordance with law,
within four weeks from the date of receipt of a copy of this order. There shall be
no order as to costs. It is also made clear that this Court has not expressed any of
its views with regard to the merits of the matter and that it is open to the
respondents to consider the same on its own merits.
NCC : Yes / No 12.03.2025
Index : Yes / No
smn2
To:-
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 Commissioner,
Aruppukottai Municipality,
Aruppukottai,
Virudhunagar District.
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VIVEK KUMAR SINGH, J.
smn2
12.03.2025
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