Sakthi Saravanan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Sakthi Saravanan : Petitioner Vs.

1. The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, E and C Market Road, Koyambedu, Chennai - 600 107.

2. The Member Secretary / Joint Director, Tirunelveli Local Planning Authority, Tirunelveli - 627 005.

3. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Declaration declaring the reservation made in respect of petitioners land to and extent of 5.01 cents situate in Ayan Punja S.No.366/2 presently at T.S. No. 77/4 V.M.Chatiram Village, 1/6

Palayamkottai Panchayat Union, Palayamkottai Taluk, Tirunelveli District in the Tirunelveli V.M. Chatram Extension and Development Plan No.14 as lapsed and deemed to be released as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. For Petitioner : Mr.S.Srikanth Fore Respondents: Mr.C.Venkatesh Kumar Spl. Government Pleader for R1 & R2 Mr.M.Shivanu Pandi Standing Counsel for R3

O R D E R

This Writ Petition has been filed seeking a declaration that the reservation made in respect of the petitioner's land, to an extent of 5.01 cents situated in Ayan Punja S. No. 366/2, presently classified as T.S. No. 77/4, V.M. Chatiram Village, Palayamkottai Panchayat Union, Palayamkottai Taluk, Tirunelveli District, under the Tirunelveli V.M. Chatram Extension and Development Plan No.14, has lapsed and is deemed to have been released in accordance with Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

2/6

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner claims to be the owner of the petitionmentioned property. The grievance of the petitioner is that although the respondents have not acquired the petitioner's land under the Scheme titled "Tirunelveli V.M. Chatram Extension and Development Plan No. 14", his property has not been released from the reservation of the said Plan. Aggrieved by the same, the petitioner has now filed the present writ petition.

4. In response, the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 submitted that the petitioner may be permitted to submit a fresh representation to the respondents, detailing the issues raised in the present writ petition. Upon receipt of such representation, the respondents will pass appropriate orders in accordance with law.

3/6

5. In view of the submissions made by both parties, this Court directs the petitioner to submit a fresh representation to the respondents, citing all the grounds raised in this writ petition, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the respondents shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of four weeks, thereafter.

6. With the above directions, this writ petition is disposed of. No costs.

09.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, E and C Market Road, Koyambedu, Chennai - 600 107.

2. The Member Secretary / Joint Director, Tirunelveli Local Planning Authority, Tirunelveli - 627 005.

3. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.10046 of 2025 09.04.2025 6/6