M/S. Girias Investment Private Limited v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN M/s. Girias Investment Private Limited, rep. by its Director Nitesh Giria.
... Petitioner Vs
1. The State of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department, Chennai - 600009.
2. The Director, Tamil Nadu Town and Country Planning Department, No.807, Anna Salai, Chennai-2.
3. The Joint Director, O/o.Director of Town and Country Planning, Xavier Colony, South Bypass Road, Tirunelveli District - 627 005.
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4. The District Collector, District Collectorate, Kokkirakulam, Tirunelveli District - 627 009.
5. The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli -627006.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration to declare that the reservation made in respect of the petitioner's land in the portion of the said T.S.No.1915/1 which has been subsequently assigned as 1915/4, situated at Palayamkottai Village, Palayamkottai Taluk, Tirunelveli District, forming part of Detailed Development Plan, 1971 is deemed to be have released/lapsed by virtue of Section 38 of the Town and Country Planning Act, 1971 (TN Act 35 of 1974). For petitioner : Mr. Varuni Mohan For respondents : Mr.D.Ghandiraj Special Government Pleader for R1 to R4 Mr.A.Sivanupandian Standing Counsel for R5 *****
ORDER
This Writ Petition is taken up for hearing at the time of admission with the 2/6
consent of the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 to 4 and the learned Standing Counsel for the fifth respondent.
2. The petitioner is before this Court to declare that the reservation made in respect of the petitioner's land in the portion of the said T.S.No.1915/1 which has been subsequently assigned as 1915/4, situated at Palayamkottai Village, Palayamkottai Taluk, Tirunelveli District, forming part of Detailed Development Plan, 1971 is deemed to be have released/lapsed by virtue of Section 38 of the Town and Country Planning Act, 1971 (TN Act 35 of 1974).
3. The learned Special Government Pleader for the respondents 1 to 4 confirms that the land has not been acquired. To this extent, the learned Special Government Pleader for the respondents 1 to 4 also has filed a copy of the instructions received on 19.08.2025 bearing reference Na.Ka.No. 2482/2023/jpypkh.3, wherein it has been stated below: The same stands recorded.
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4. Since there has been no acquisition of the land and the scheme has not been proceeded, the petitioner is entitled to the relief sought for. However, liberty is given to the respondents to repeal the same in accordance with law, in case the land is required for any other development scheme. 4/6
5. Accordingly, this Writ Petition is allowed. No costs. Index : Yes / No 19.08.2025 Internet : Yes / No apd To
1. The State of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department, Chennai - 600009.
2. The Director, Tamil Nadu Town and Country Planning Department, No.807, Anna Salai, Chennai-2.
3. The Joint Director, O/o.Director of Town and Country Planning, Xavier Colony, South Bypass Road, Tirunelveli District - 627 005.
4. The District Collector, District Collectorate, Kokkirakulam, Tirunelveli District - 627 009.
C.SARAVANAN, J.
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apd
5. The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli -627006.
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