Annai Velankanni Education Trust v. The Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN Annai Velankanni Education Trust, Rep. by its Managing Trustee, Mr.A.Maria Susai, 262, Tiruchendur Road, Palayamkottai, Tirunelveli District.

... Petitioner Vs.

1.The Director of Town and Country Planning, Directorate of Town and Country Planning, CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai.

2.The Assistant Director/Member Secretary, The District Town and Country Planning Office, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Declaration, to declare the reservation qua the land of the petitioner Trust comprised in T.S.No.726/1, 726/2 (part), 726/3 (part) & 726/4 at Ward 5, T.S.Ward AH, Block No.7, Thennpathu Village, Tirunelveli District under the Town Railway Station Feeder Road Detailed Development Plan, 2019 to have lapsed in the light of Section 38 Page No. 1 of 6

of the Tamil Nadu Town and Country Planning Act, 1971 within time stipulated by this Court.

For Petitioner : M/s.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Declaration to declare that the reservation in respect of the petitioner Trust's land comprised in T.S.Nos.726/1, 726/2 (part), 726/3 (part) and 726/4, situated at Ward 5, T.S.Ward AH, Block No.7, Thennpathu Village, Tirunelveli District, under the Town Railway Station Feeder Road Detailed Development Plan, 2019, has lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, within the time stipulated by this Court.

2. The petitioner Trust purchased the following lands from the respective parties:

Sl.

No.

Date of Purchase Survey No.

Name of the Seller Document No.

15.11.2022 726/1 Mr.P.Murugesan 5192/2022 26.11.2009 726/2 Mrs.Sundari Ammal and others 6560/2009 Page No. 2 of 6

14.12.2007 726/3 Mr.Jeyam @ Sangaravadivu and others 3767/2007 31.07.2020 726/4 Mrs.Mariammal 1842/2021

3. It is submitted that since the petitioner Trust intended to put up infrastructure for the school run by it, the petitioner approached the second respondent. At that time, the petitioner was informed that the land comprised in T.S.Nos.726/1, 726/2 (part), 726/3 (part) and 726/4 was reserved for a Scheme Road forming part of the Town Railway Station Feeder Road Detailed Development Plan, 2019.

4. The case of the petitioner is that though the aforesaid plan was published in the Official Gazette and approved under Section 29 of the Tamil Nadu Town and Country Planning Act, 1971 by the first respondent about six years ago, i.e., on 09.04.2019, the land reserved under the said development plan has not been acquired till date and continues to remain in the possession of the petitioner.

5. The learned Additional Government Pleader for the respondents confirms the same.

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6. Therefore, the reservation in respect of the petitioner Trust's land has lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

7. Under similar circumstances, this Court has allowed several Writ Petitions filed by landowners. Taking into account of the fact that no proposal for acquisition of the petitioner's land pursuant to the aforesaid Town Railway Station Feeder Road Detailed Development Plan, 2019, approved under Section 29 of the Tamil Nadu Town and Country Planning Act, 1971 by the first respondent on 09.04.2019 was made, the Town Railway Station Feeder Road Detailed Development Plan, 2019 is deemed to have lapsed in view of Section 38 of the said Act.

8. Hence, this Writ Petition deserves to be allowed. However, it is made clear that in case the land is required, the respondents may formulate a fresh detailed development plan. Accordingly, this Writ Petition stands allowed. No costs.

01.08.2025 JEN Index : Yes / No Internet : Yes / No Page No. 4 of 6

To 1.The Director of Town and Country Planning, Directorate of Town and Country Planning, CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai.

2.The Assistant Director/Member Secretary, The District Town and Country Planning Office, Tirunelveli District.

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C.SARAVANAN , J.

JEN 01.08.2025 Page No. 6 of 6