Madras High CourtWP(MD)/8493/2017allowed

M.Dasarathan v. The Director

2017-06-08Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.8493 of 2017 1.M.Dasarathan 2.M.Muthu Irulandi : Petitioners -vs1.Director, Town and Country Planning, No.807, Annasalai, Chennai-600 002.

2.The Member Secretary, Madurai Local Planning Authority Corporation Office Building, Anna Maligai, 3rd Floor, Madurai-625 002. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Mandamus, directing the respondents No.1 and 2 to release the petitioner's land measuring of 3 Acres 39 cents situated in Survey Nos.86/3, 86/7, 99/3, 99/7 and 101/4 in Kochadai Village, Madurai West Taluk, Madurai District treating the "Kochadai Detailed Development Plan No.4" of Madurai Local Planning area as lapsed under Section 38 of Tamil Nadu Town Country Planning Act 1971.

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

O R D E R

The prayer sought for in this writ petition is to direct the respondents 1 and 2 to release the petitioner's land measuring an extent of 3 Acres 39 cents, comprised in Survey Nos.86/3, 86/7, 99/3, 99/7 and 101/4 in Kochadai Village, Madurai West Taluk, Madurai District, treating the "Kochadai Detailed Development Plan No.4" of Madurai Local Planning area as lapsed under Section 38 of Tamil Nadu Town Country Planning Act 1971.

2.The petitioner would state that on 26.11.2009, Kochadai Detailed Development Plan No.4 has been prepared by the

respondents and the petitioner's lands were also earmarked and a publication in Government Gazette was issued in G.O. No.30, dated 04.08.2010. The petitioner would claim that pursuant to the notification, the respondents have not taken any steps to acquire the lands, nor issued any notice for acquisition of lands under sections 36 and 37 of the Act. Since no action was taken for a period of three years, as per the section 38 of the Act the entire proceedings lapsed. Hence, the petitioner made representations to the 2nd respondent, dated 08.02.2017 and 21.04.2017 requesting them to release the land. Since, no order was passed, the present writ petition has been filed for the relief as stated supra. 3.Mr.R.

Karunanidhi, learned counsel for the petitioner would submit that in similar facts in respect of the notification issued for Kochadai Detailed Development Plan No.3, the land owner in respect of the land in old Survey No.79/1 (Town Survey No.17/1B) in Kochadai village, filed a writ petition in W.P.(MD)No.4753 of 2017 (P.Babu vs. The Director, Town and Country Planing, Chennai and another) and this court has passed order in the said writ petition on 28.03.2017 by relying on the earlier passed by the Division Bench of this court reported in (2011) 8 MLJ 437 [Commissioner, Aruppukottai Municipality vs. K.S.Kamakshi Chetty ad others] directed the respondents therein to release his lands. The order passed by this court would squarely apply to the facts of this case.

4.Mr.D.Muruganandham, learned Additional Government Pleader appearing for the respondents has not disputed the proposition suggested by the learned counsel appearing for the petitioner. 5.This court has perused the order passed in W.P(MD) No.4753 of 2017, dated 28.03.2017.

6.Considering the submissions made on either side and the facts and circumstances of the case and also keeping in mind the earlier order passed by this court in similar matter, the writ petition is liable to be allowed.

7.In the result, the writ petition is allowed. The respondents are directed to release the petitioner's land measuring to an extent of 3 Acres 39 cents comprised in Survey Nos.86/3, 86/7, 99/3, 99/7 and 101/4 in Kochadai Village, Madurai West Taluk, Madurai District, from the "Kochadai Detailed Development Plan No.4" by passing a specific order within a period of two weeks from the date of receipt of the order copy and communicate the same to the petitioner. No costs.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(C.S.)

To, 1.Director, Town and Country Planning, No.807, Annasalai, Chennai-600 002.

2.The Member Secretary, Madurai Local Planning Authority Corporation Office Building Anna Maligai, 3rd Floor, Madurai-625 002.

3.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1 CC TO MR.R.KARUNANITHI, ADVOCATE, SR NO.59186 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.59364 ER MAS/SVMS/SAR2:19.06.2017-2P-6C W.P.(MD)No.8493 of 2017 08.06.2017