V.Sukanyadevi v. The Director Of Town And Country Planning
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN V.Sukanyadevi Door No.219, Avinashi Road, Opposite to St.Paul Church, Tiruppur District-641 603.
Petitioner(s) Vs 1.The Director of Town and Country Planning Office of the Directorate of Town and Country Planning Second Third and Fourth Floors, E and C Market Road, Koyambedu, Chennai-600 107.
2.Assistant Director, Town and Country Planning Office of the District Town and Country Planning, First Floor, Kumaran Commercial Complex, Tirupur.
3.The Commissioner, Tirupur Municipal Corporation, Tirupur.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration declare that the property comprised in Thottipalayam Village, Tirupur North Taluk, Tirupur District (Property) is in forming part of Tirupur Local Planning Area Tiruppur Detailed Development Plan 5 Part II (Map-2) for the purpose of forming the "E1 E1-15M" Road which 1/7
was approved by the Assistant director of Town and country planning, the second respondent herein in DDP /R(C.N)No.1/2005 dated 23.05.2005 (Revised Map No.2TP/DTP No.970/70) the petitioners lands Old survey No.671 and Old TS. No.1160 Old Block No.28, Old Ward No.2 and New T.S.Ward J and as per certificate Extract form the Town survey Land Register Old ward J, Old Block 8 Old T.S.No.3/4 pt, New T.S. No.14/2, New Ward G, New Block No.37 and measuring to an extent of 0.8164 acre or 81.64 cents or 35562 Sq.ft falls on for the purpose of forming the E1 E1 15M 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 07.01.202 and in W.P. no 22384 /2023 dated 22.08.2023 and in W.P.No.36559/2024 dated 23.01.2025 and in W.P. No.15837/2025 dated 18.06.2025.
For Petitioner(s) : Mr.P.Tamilmani For Respondent(s) : Mr.L.S.M.Hasan Fizal R1, R2 and R4 Additional Government Pleader For R3 : Mr.Kritheeswaran for Mr.Abishek Murthy Government Advocate
ORDER
The petitioner is the owner of the property situated in Old Survey No.671, Old T.S.No.1160, Old Block No.28, Old Ward No.2 and New T.S.Ward J measuring an extent of 0.8164 acre or 81.64 cents situated at Thottipalayam Village, Tirupur District.
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2. The Tiruppur Local Planning Authority had issued a detailed development plan for Tiruppur Town on 23.05.2005. The petitioner alleged no further action had been initiated, pleads that the property deemed to have been released from public purpose under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
3. This Court had issued notice to the respondents and called upon them to get instructions.
4. When I took up the matter today, Mr.L.S.M.Hasan Fizal has produced instructions from the Assistant Director, Town and Country Planning, Tiruppur District. The same is scanned and extracted hereunder: 3/7
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5. Perusal of the letter shows that the land has not been acquired as per Section 37 of the Tamil Nadu Town and Country Planning Act, 1971. Hence, Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 would operate. The lands are deemed to have been released.
6. Accordingly, the writ petition stands ordered. No costs. 16.12.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The Director of Town and Country Planning Office of the Directorate of Town and Country Planning Second Third and Fourth Floors, E and C Market Road, Koyambedu, Chennai-600 107.
2.Assistant Director, Town and Country Planning Office of the District Town and Country Planning, First Floor, Kumaran Commercial Complex, Tirupur.
3.The Commissioner, Tirupur Municipal Corporation, Tirupur.
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V. LAKSHMINARAYANAN, J.
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