Meenakshi Sundaram v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Meenakshi Sundaram ... Petitioner Vs.

1.The Director, Directorate of Town and Country Planning, Second, Third and Fourth Floor, E&C Market Road, Koyambedu, Chennai-600 107.

2.The Member Secretary, Kumbakonam Local Planning Authority, District Town and Country Planning Office, Thanjavur, No.5, Ganapathi Nagar 2nd Street, Medical College Road, Thanjavur-613 001. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to release the petitioner's land with an extent of 1035 Square Feet in Re-survey Number.54/4D1C1 (Old R.S.No.54/4) situated at Ullur Village, Kumbakonam Taluk, Thanjavur District, earmarked for the "Ullur Detailed Development Plan No.2" by treating the "Ullur Detailed Development Plan No.2" as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 1/6

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr. D.Sadiq Raja Additional Government Pleader

ORDER

The petitioner seeks a direction for the release of the land bearing Resurvey Number 54/4D1C1 (Old R.S.No.54/4) at Ullur Village, Kumbakonam Taluk, Thanjavur District, from reservation under the Ullur Detailed Development Plan No.2.

2. The petitioner states that she owns the aforesaid lands. Such lands were included in the Ullur Detailed Development Plan No.2. The petitioner states that if lands are reserved under the Ullur Detailed Development Plan No. 2 such lands would be deemed to be released in terms of Section 38 of the Tamil Nadu Town and Country Planning Act 1971 (the Act of 1971) unless such lands are acquired in terms of an agreement within a period of three years from the date of publication of a notice in the Tamil Nadu Gazette under Section 26 or 27 thereof. In the case at hand, it is stated that the Ullur Detailed Development Plan No.2 was approved in terms of Section 29 of the Act of 1971 in the year 2007. As such, in view of the failure of the respondents to initiate necessary action to acquire the land within a period of three years, it is stated 2/6

that the lands are deemed to be released in terms of Section 38.

3. The petitioner also cites earlier judgments of this Court in this regard. In particular, the judgment in RM Shanmuganathan Vs. The Director of Town and Country Planning 2018 (2) CWC 20 is cited. Another judgment in M.Amsavalli Vs. The Director of Town and Country Planning 2017 (2) CWC 418 is also cited.

4. Mr.D.Sadiq Raja, learned Additional Government Pleader for the State, accepts notice on behalf of both the respondents. He submits that the writ petitioner is entitled to the benefit of the earlier orders of this Court.

5. Upon considering the aforesaid submissions and on examining Section 38 of the Tamil Nadu Town and Country Planning Act 1971, it is clear that if the land is not acquired by agreement within three years from the date of publication of notice in the Tamil Nadu Government Gazette under Section 26 or 27 thereof, such lands shall be deemed to be released.

6. In view of the aforesaid statutory prescription and taking into account the earlier judgments of this Court, reported in 2018 (2) CWC 20 and 2017 (2) CWC 418, the writ petitioner is entitled to succeed. 3/6

7. Consequently, W.P.(MD).No.9949 of 2026 is allowed by declaring that the reservation in respect of lands bearing Re-survey Number.54/4D1C1 (Old R.S.No.54/4) at Ullur Village, Kumbakonam Taluk, Thanjavur District under the Ullur Detailed Development Plan No.2 is deemed to have lapsed in terms of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. There will be no order as to costs.

09.04.2026 Index : Yes / No Internet : Yes/ No PJL To 1.The Director, Directorate of Town and Country Planning, Second, Third and Fourth Floor, E&C Market Road, Koyambedu, Chennai-600 107.

2.The Member Secretary, Kumbakonam Local Planning Authority, District Town and Country Planning Office, Thanjavur, No.5, Ganapathi Nagar 2nd Street, Medical College Road, Thanjavur-613 001.

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HEMANT CHANDANGOUDAR, J.

PJL 09.04.2026 6/6