Madras High CourtWP(MD)/5371/2025disposed of

Anbuselvan v. The Director

2025-02-28Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH 1.Anbuselvan 2.Peter ... Petitioners -vs1.The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyembedu, Chennai 600 107.

2.The Member Secretary, Madurai Local Planning Authority, Sector 6, Aanaiyur - Mudakkathan Main Road, Koodalputhur, Madurai - 625 017.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation on 20.02.2025 and to release the petitioners' land measuring of 4240 sq.ft., situated in Revenue Survey No.146/6 in Kochadai Village, Madurai South Taluk, Madurai District, treating the Kochadai Detailed Development Plan No.1 (Map No. 4 and 5) of Madurai Local Country Planning Area as lapsed under Section 38 of Tamil Nadu Town Country Planning Act 1971

in the light of order passed in Kannapiran vs. The Director of Town and Country Planning in W.P.(MD)No.8515 of 2021, dated 25.06.2021. For Petitioners : Mr.R.Karunanidhi For Respondents : Mr.J.K.Jayaselan Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the respondents to release the petitioners' land, based on their representation dated 20.01.2025, measuring an extent of 4240 sq.ft., situated in Revenue Survey No.146/6 in Kochadai Village, Madurai South Taluk, Madurai District, treating the Kochadai Detailed Development Plan No.1 (Map No.4 and 5) of Madurai Local Planning Area as lapsed under Section 38 of Tamil Nadu Town Country Planning Act, 1971.

2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioners, the petition mentioned land was included in the detailed development plan published in the year 2006 and earmarked for

Kochadai Detailed Development Plan No.1 (Map No.4 and 5). No consequential steps for acquisition of the property was taken within the next three years. Therefore, the petitioners sent a representation dated 20.02.2025. Since no action has been taken on the matter, the petitioners have approached this Court with the present Writ Petition.

4. The learned Government Advocate appearing for the respondents submits that the representation of the petitioners dated 20.02.2025, will be considered on merits and appropriate orders will be passed in accordance with law, within a time frame to be fixed by this Court.

5. Recording the above submissions, this Writ Petition is disposed of, with a direction to the second respondent to consider the representation of the petitioners, dated 20.02.2025 on merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

NCC : Yes / No 28.02.2025 Index : Yes / No smn2

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 Member Secretary, Madurai Local Planning Authority, Sector 6, Aanaiyur - Mudakkathan Main Road, Koodalputhur, Madurai - 625 017.

VIVEK KUMAR SINGH , J.

smn2 28.02.2025