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Madras High CourtWP(MD)/15718/2023closed

Seenivasan .T v. The Director Of Town And Country Planning

2023-07-03Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.Seenivasan ... Petitioner -vs1.The Director of Town and Country Planning 807, Anna Salai Chennai, Chennai District 2.Member Secretary Madurai Town and Country Planning Authority Madurai, Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration to declare the reservation made in respect of the petitioner's land in Survey No.16, Thirupurankundram, Madurai South Taluk, Madurai, forming part of the Thirupurankundram Detailed Development Plan No.1 to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN ACT 35 of 1974) and consequently forbear the respondents from treating the development proposed in the said land as an unauthorized development / construction.

For Petitioner :

Mr.M.Mahaboob Athiff For Respondents :

Mr.M.Lingadurai Special Government Pleader

O R D E R

[Order of the Court was made by S.VAIDYANATHAN, J.] Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents, on instructions, submitted that no acquisition has been taken place in the subject land for the past five years and hence, the proposed acquisition proceedings itself are lapsed and to that effect, he has also produced a copy of the communication of the second respondent, dated 30.06.2023.

2. Recording the same, this writ petition is closed. No costs. [S.V.N., J.] [D.B.C., J.] 03.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Director of Town and Country Planning, 807, Anna Salai, Chennai, Chennai District.

2.Member Secretary, Madurai Town and Country Planning Authority, Madurai, Madurai District.

S.VAIDYANATHAN , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk 03.07.2023