A.Kaliyammal v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and W.M.P. No.16623 of 2026

1. A.Kaliyammal

2. S. Nachimuthu

3. N. Poongodi ..Petitioner(s) Vs

1. The Director O/o. Town and Country Planning, 2nd, 3rd and 4th Floor, C Market Road, Koyembedu, Chennai-600 107.

2. The Assistant Director Office of District Town and Country Planning, Tiruppur District, (near Triuppur Railway Station), Kumaran Shopping Complex, Tiruppur-641 601.

..Respondent(s) PRAYER - This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Declaration, to declare the Reservation made in respect of the Petitioner land situated at SF.No.132/2, 144/1F, 144/1G, 144/1H, and 144/1I at Velampalayam Village, Tiruppur Corporation, to an extend of 8.22 Acre (33283 Sq. mts) forming part of Tiruppur Local Planning Area

Velampalayam, Detailed Development Plan No.17, Map. No.3, Vide DDP/CR/DTCP No.11/2012 dated 11.12.2012 has been lapsed, in the light of Section 38 of Tamil Nadu Town and Country, Planning Act, 1971 within the Period that may be stipulated by this Court.

For Petitioner(s):

Mr. K.Viralinathan For Respondent(s):

Ms.C.Meera Arumugam, Additional Government Pleader

O R D E R

W.M.P.No.16623 of 2026 filed seeking permission to the petitioners to join together and file a single writ petition is ordered on payment of separate court fee.

2.This Writ Petition has been filed seeking for a declaration that the acquisition of lands morefully disclosed in the prayer to this Writ Petition has got lapsed since no acquisition proceedings have been initiated or completed within the stipulated period as provided under 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. On instructions, she would submit

that the Writ Petition will have to be allowed as prayed for, since no acquisition proceedings have been initiated by the respondents or completed within the period as prescribed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

4.Accordingly, this Writ Petition is allowed by declaring that the reservation made in respect of the petitioner's land situated at the address morefully disclosed in the prayer to this Writ Petition has got lapsed as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and the said property is now free from any land acquisition. However, there shall be no order as to costs.

22-04-2026 Index: Yes/No Speaking/Non-speaking order GSA

ABDUL QUDDHOSE, J.

GSA To

1. The Director O/o. Town and Country Planning, 2nd, 3rd and 4th Floor, C Market Road, Koyembedu, Chennai-600 107.

2. The Assistant Director Office of District Town and Country Planning, Tiruppur District, (near Triuppur Railway Station), Kumaran Shapping Complex, Tiruppur-641 601.

22-04-2026