Madras High CourtWP/11918/2026disposed of

R.Shanmukam Memorial Educational Trust v. The Director

2026-03-25Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE R.Shanmukam Memorial Educational Trust Represented through the Managing Trustee, Senthilkumar, S/o.

Shanmugam, No.108, Natarajapillai Street, Mannargudi, Mannargudi Taluk, Thiruvarur District -614 001 Petitioner(s) Vs

1. The Director Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyembedu, Chennai-600 107 2.The Assistant Director /The Member Secretary, Town and Country Planning District Collector Office Campus, Thiruvarur -640 004 Respondent(s) PRAYER to direct the Respondent No.1 and 2 to release the Petitioners land with an extent of 1,00,050, sq. feet in Town Survey No.3991, 3992, 3993/1, 3993/2, 3993/3, 4062, 4063/2 and 3980/2 which is situated at Block No.61 Ward No.1, Kopiralayam Mannargudi Taluk, Thiruvarur District treating the Mannargudi

Municipality Detailed Development Plant No.4 as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. For Petitioner(s):

Mr. R.Karunanidhi For Respondent(s):

Ms.C.Meera Arumugam,AGP

ORDER

This writ petition has been filed seeking for release of the 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.According to the petitioner, despite a notification having been issued for land acquisition by the respondents as early as in the year 1991, no further steps are taken by the respondents pursuant to the said notification. Since more than 25 years has lapsed from the date of the notification, the petitioner seeks for release of the land from land acquisition as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. 3.Ms.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents. She would submit that no steps were taken subsequent to the issuance of the notification, referred to supra, in the year 1991 for acquiring the petitioner's land.

4.In view of the same, the petitioner has satisfied the requirements of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and hence, they are entitled for release of the land from the land acquisition as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

5.Accordingly, this writ petition is allowed by declaring that the land, morefully described in the prayer to this petition is released from the land acquisition under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. No costs.

25-03-2026 vga To 1.The Director Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyembedu, Chennai-600 107 2.The Assistant Director /The Member Secretary, Town and Country Planning District Collector Office Campus, Thiruvarur -640 004

ABDUL QUDDHOSE J.

vga 25-03-2026