R. Ramasubramanian v. The Director / Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.8732 of 2025 R.Ramasubramanian ... Petitioner -vs1. The Director / Commissioner, Directorate of Town and Country Planning, Chepuak, Chennai - 600006.
2. The Member Secretary / Joint Director, Tirunelveli Local Planning Authority, Tirunelveli - 05.
3. The Tirunelveli City Municipal Corporation, Rep. by its Commissioner, Tirunelveli City.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the Tirunelveli Local Planning Authority, Perumalpuram Extension Detailed Development Plan No.1, Comprehensive variation Map No.5 issued by the 1st respondent in DDP (V)/ TVLR/ DTCP No. 13/2012 vide PRO ROC NO.12523/09 DP2 dated .07.2012 earmarking the petitioner's property in Survey No. 512/2E, Town Survey No. 18/2E situated in Ward BM, Melapalayam Town, Palayamkottai Taluk, Tirunelveli District as "Road" as lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act, 1971.
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For Petitioner : Mr.R.J.Karthick For Respondents : Mr.C.Venkatesh Kumar (R1 & R2) Additional Government Pleader Mr.A.Sivanupandian (R3)
ORDER
Heard both sides.
2. The petition mentioned land was originally covered by the Detailed Development Plan published in the year 2003. There was variation in the year 2004, final Detailed Development Plan was published in the year 2012 and Map No.5 was published in the year 2012. It is not in dispute that consequential steps for acquiring the land were not taken within three years. Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 reads as follows:
"38. Release of land.- If within three years from the date of the publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27- (a) no declaration as provided in sub-section (2) of section 37 is published in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or 2/4
(b) such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation."
Applying the aforesaid statutory mandate, it is declared that the petition mentioned land stands released.
3. It is seen that the petitioner submitted an application for developing the property. The third respondent shall consider the petitioner's application in accordance with law.
4. This writ petition is allowed on the above terms. Since I have declared that the petitioner's Detailed Development Plan in respect of the petition mentioned land has already lapsed, the authorities shall carry out the corresponding changes in the relevant records. There shall be no order as to costs.
01.04.2025 NCC : Yes/No (2/3) Index : Yes / No sm 3/4
VIVEK KUMAR SINGH, J.
sm TO:-
1. The Director / Commissioner, Directorate of Town and Country Planning, Chepuak, Chennai - 600006.
2. The Member Secretary / Joint Director, Tirunelveli Local Planning Authority, Tirunelveli - 05.
Order made in W.P.(MD)No.8732 of 2025 (2/3) Dated:
01.04.2025 4/4