[Cites 2, Cited by 0]
Madras High Court
G.Poovaragavan vs The Secretary on 13 March, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 9217 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-03-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 9217 of 2026
G.Poovaragavan
..Petitioner(s)
Vs
1. The Secretary
Housing And Urban Development Department,
Fort St George Chennai 600 015
2. The Director
Tamil Nadu Town And Country Planning,
Chennai 600 002
3. The Assistant Director
Nammakkal District Town And Country
Planning Office,
Door No 6 / 1217 Paramathi Road (south Side)
Namakkal -637 001
..Respondent(s)
Writ petition is filed under Article 226 of the Constitution of India
seeking for issuance of a writ of mandamus to direct the respondents to declare
that the petitioner’s land comprised in Old S. No. 307/3 T.S.No.23/5, Block
No.5 Ward A Namakkal village, Namakkal measuring about 9125 Sq. Ft. is
deemed to be released from the reservation of section 38 of Tamil Nadu Town
and Country planning Act 1971 and consequently direct the respondents to pass
appropriate orders for release of petitioner’s land comprised in land situate at
Old S. No 307/3, T.S. No 23/5, Block No.5 Ward A, Namakkal Village,
Namakkal measuring about 9125 sq.ft.
For Petitioner(s): Mr.M.R.Dhalapathy Vignesh Kumar
For Respondent(s): Mrs.Meera Arumugam, AGP
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WP No. 9217 of 2026
ORDER
This writ petition has been filed seeking for release of the petitioner’s
land morefully disclosed in the prayer to this writ petition from the land
acquisition as per the provisions of Section 38 of the Tamil Nadu Town and
Country Planning Act, 1971.
2. The petitioner claims that eventhough land acquisition pertaining to the
petitioner’s property was issued by the respondents as early as in the year 1999,
till date, the respondents have not taken any further steps to acquire the lands of
the petitioner. Hence, the petitioner claims that as per Section 38 of the Tamil
Nadu Town and Country Planning Act, 1971, which specifically states that the
lands should be acquired within three years from the date of publication of
notice in the Government Gazette, the petitioner is entitled for release of his
land from acquisition.
3. Mrs.Meera Arumugam, learned Additional Government Pleader,
accepts notice on behalf of the respondents, and on instructions, she would
submit that the petitioner’s land will have to be released as per the provisions of
Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, since no
acquisition has taken place.
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4. In view of the same, the prayer sought for in this writ petition has to be
granted in favour of the petitioner. Accordingly, this writ petition is allowed as
per the provisions of Section 38 of the Tamil Nadu Town and Country Planning
Act, 1971, by releasing the petitioner’s land morefully disclosed in the prayer to
this writ petition from the land acquisition, and the respondents are directed to
pass appropriate orders to that effect. No Costs.
13-03-2026
Neutral Citation: Yes/No
RKM
To
1. The Secretary
Housing And Urban Development Department,
Fort St George Chennai 600 015
2. The Director
Tamil Nadu Town And Country Planning,
Chennai 600 002
3. The Assistant Director
Nammakkal District Town And Country
Planning Office,
Door No 6 / 1217 Paramathi Road (south Side)
Namakkal -637 001
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ABDUL QUDDHOSE, J.
RKM
13-03-2026
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