Madras High CourtWP(MD)/14545/2021allowed

Sivagurunathan v. The Director

2021-08-17Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P. No.14545 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2021

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.14545 of 2021 Sivagurunathan ... Petitioner Vs.

1.The Director, Town and Country Planning, No.807, Annasalai, Chennnai-600 002.

2.The Member Secretary, Thanjavur Local Planning Authority, 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, to issue a Writ of Mandamus, directing the respondents Nos. 1 and 2 to release the petitioner's land with an extent of 2666 Sq.feet in Survey Number.211/3A Part and 212/1D situated at Plot No.24, Srinivasa Nagar East, Ammathottam Village, Kumbakonam Taluk, Thanjavur District earmarked for the "Palavanthankattalai Detailed Development Plan:3" as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

For Petitioner : Mr.R.Karunannidhi For Respondents : Mr.P.Subharaj : Counsel for State

O R D E R

The petitioner seeks release of an extent of 2666 sq.ft. in survey No.211/3A Part and 212/1D, plot No.24 Srinivasa Nagar East, Ammawthottam Village, Kumbakonam Taluk, Thanjavur District.

2. The petitioner states that the aforesaid land had been earmarked for the Palavanthankattalai Detailed Development Plan-3 and that the same is deemed to have lapsed in terms of Section 38(2) of the Tamil Nadu and Country Planing Act 1971. By referring to and relying upon a recent order of this Court in W.P.(MD).No.13628 of 2021, order dated 06.08.2021, learned counsel for the petitioner states that the present writ petition also pertains to the same detailed development plan. He also points out that the lands in question in the present writ petition are in the very same locality as in the earlier matter. Consequently, it is stated that the present writ petition may be disposed of in terms of the order passed in W.P.(MD).No.13628 of 2021.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. No.14545 of 2021 on behalf of both the respondents. He submits fairly that the present writ petition is covered by the earlier order.

4. Accordingly, W.P.(MD).No.14545 of 2021 is allowed in terms of the order dated 06.08.2021 in W.P.(MD).No.13628 of 2021. There will be no order as to costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn To 1.The Director, Town and Country Planning, No.807, Annasalai, Chennnai-600 002.

2.The Member Secretary, Thanjavur Local Planning Authority, No.5, Ganapathi Nagar 2nd Street, Medical College Road, Thanjavur-613 001.

+1 CC to M/s.GP ( SR-26650[F] dated 18/08/2021 ) W.P.(MD) No.14545 of 2021 17.08.2021 MGJ(26.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2