Madras High CourtWP(MD)/21556/2025allowed

N.Elango v. The Director

2025-08-07Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN N.Elango ... Petitioner Vs

1. The Director, O/o.Town and Country Planning, 2nd, 3rd and 4th Floor, C Market Road, Koyembedu, Chennai - 600 107.

2. The Joint Director/member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Thiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, to declare the reservation made in respect of the petitioner's land situated at T.S.No.2189/104 (Old T.S.No.2189/9P), Srirangam 1/4

Town Ward B, Block-0049, Vellithirumutham (P) Thimmarausamudhram (P) Village, Plot-14 with an extend of 4507 sq.fts forming part of Trichirappalli Local Planning Area Srirangam Municipality Railway Affected Area Detailed Development Plan Part-III (Map No.4) DDP(V)/DTCP No.31/1995 dated 28.01.1995 has been lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act 1971 within the period that may be stipulated by this Court. For petitioner : Mr. K.Viralinathan For respondents : Mr.D.Ghandiraj Special Government Pleader *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Special Government Pleader for the respondents.

2. The learned counsel for the petitioner submits that the petitioner's land situated at T.S.No.2189/104 (Old T.S.No.2189/9P), Srirangam Town Ward B, Block-0049, Vellithirumutham (P) Thimmarausamudhram (P) Village, Plot-14 with an extent of 4507 sq.fts, is ear-marked for Trichirappalli Local Planning Area Srirangam Municipality Railway Affected Area Detailed Development Plan 2/4

Part-III, which has not been proceeded further and therefore, applying the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, the land is to be declared as free.

3. In this connection, the learned Special Government Pleader for the respondents submits that the land has not been acquired till date.

4. Recording the same, this Writ Petition is allowed. However, liberty is given to the respondents to acquire the land, if required, after following due procedure of law.

5. This Writ Petition is allowed, with the above observations. No costs. Index : Yes / No 07.08.2025 Internet : Yes / No apd To

1. The Director, O/o.Town and Country Planning, 2nd, 3rd and 4th Floor, C Market Road, Koyembedu, Chennai - 600 107.

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C.SARAVANAN, J.

apd

2. The Joint Director/member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Thiruchirappalli District.

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