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Madras High CourtWP(MD)/22973/2025allowed

P.Jayachandran v. The Director,

2025-08-25Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN P.Jayachandran ... Petitioner Vs.

1.The Director, Town and Country Planning, No.807, Annasalai, 4th Floor, Chennai - 600 002.

2.The Assistant Director, Theni District Town and Country Planning Office, Door No.446/A, Ward-17, Nehruji Street, Allinagaram, Theni - 625 531.

Theni District.

3.The Member Secretary and Executive Authority of Cumbum Municipalilty, Local Planning Authority, Cumbum Municipality, Cumbum - 625 516.

Theni District.

4.The Commissioner, Cumbum Municipality, Cumbum - 625 516.

Theni District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to release the petitioner's land with an extent of 6200 square feet in T.S.No.2/1, 2/2A, 2/3, Block-24, Ward-D, Survey No.875/1, situated at Cumbum Village, Theni District earmarked for "The Detailed Development Plan No.6 of Cumbum Local Planning Authority" by treating the "The Detailed Development Plan No.6 of Cumbum Local Planning Authority" as lapsed as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

For Petitioner : Mr.M.Karuppasamypandian For R1 & R2 : Mr.C.Satheesh Government Advocate For R3 & R4 : Mr.K.Hemakarthikeyan Standing Counsel

ORDER

This writ petition has been filed for a writ of Mandamus to to direct the respondents herein to release the petitioner's land measuring an extent of 6200 square feet in T.S.No.2/1, 2/2A, 2/3, Block-24, Ward-D, Survey No.875/1, situated at Cumbum Village, Theni District earmarked for "The Detailed Development Plan No.6 of Cumbum Local Planning Authority" by treating the "The Detailed Development Plan No.6 of Cumbum Local Planning Authority" as lapsed as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

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2. It is noticed that this Court has already passed an order under similar circumstances in respect of the Detailed Development Plan No.6 of Cumbum Local Planning Authority vide order dated 10.01.2025 in W.P(MD)No.929 of 2025 in the case of T.S.B.Sathyanathrayan Vs.The Director, Town and Country Planning and others.

3. The learned Government Advocate for the respondents 1 and 2 confirms the position and submits that no steps have been taken to set aside the order dated 10.01.2025. That apart, it is submitted that the land was not acquired by the respondents.

4. Considering the same, the writ petition stands allowed as prayed for. No costs.

25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Director, Town and Country Planning, No.807, Annasalai, 4th Floor, Chennai - 600 002.

2.The Assistant Director, Theni District Town and Country Planning Office, Door No.446/A, Ward-17, Nehruji Street, Allinagaram, Theni - 625 531.

Theni District.

3.The Member Secretary and Executive Authority of Cumbum Municipalilty, Local Planning Authority, Cumbum Municipality, Cumbum - 625 516.

Theni District.

4.The Commissioner, Cumbum Municipality, Cumbum - 625 516.

Theni District.

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C.SARAVANAN, J.

sn W.P(MD).No.22973 of 2025 25.08.2025 5/5