R.M Mohanram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA R.M.Mohanram .. Petitioner Vs.

1.The District Collector, District Collector Office, Madurai District.

2.The Director of Town and Country Planning, Anaiyur, Mudakkathan, Main Road, Sector - VI, Koodal Pudur, Madurai District.

3.The Member Secretary, Madurai Local Planning Authority, Madurai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Declaration, to declare the reservation made in the respect of land in Survey No.24/3A situated at Sirudhur Village, Madurai North Taluk, Madurai District in the Sirudhur Detailed Development Plan (III) to have lapsed in the light of section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

(Prayer is amended vide court order dated 15.10.2025 in WMP(MD)No.20513 of 2025) For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This writ petition is filed for the following relief: "to declare the reservation made in the respect of land in Survey No.24/3A situated at Sirudhur Village, Madurai North Taluk, Madurai District in the Sirudhur Detailed Development Plan (III) to have lapsed in the light of section 38 of the Tamil Nadu Town and Country Planning Act, 1971."

2. Heard the learned counsel on either side.

3. The learned Special Government Pleader submits that the lands under the proposed detailed development plan proposed in the year 1999, which is the subject matter of this writ petition has not been acquired by the Government.

4.Since the acquisition has not been made, within a period of three years from the year 1999 or subsequently under Section 37(2) of Tamilnadu Town and Country Planning Act, 1971, the land shall be deemed to be released from acquisition as per Section 38 of the Tamilnadu Town and Country Plan Act, 1971. Since the respondents have failed to comply with the statutory requirements under Section 37 of the Tamilnadu Town and Country Planning Act, the lands situated in Survey No.24/3A at Sirudhur Village, Madurai North Taluk, Madurai District in the Sirudhur, is deemed to be lapsed and released from reservation in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

5.Accordingly, this writ petition is allowed. No costs. 10.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, District Collector Office, Madurai District.

2.The Director of Town and Country Planning, Anaiyur, Mudakkathan, Main Road, Sector - VI, Koodal Pudur, Madurai District.

3.The Member Secretary, Madurai Local Planning Authority, Madurai District.

P.T.ASHA, J.

gbg 10.11.2025