V.Sukanyadevi Vs the Director of Town and Country… — Writ and Judicial Review | Madras HC (2025)

V.Sukanyadevi Vs the Director of Town and Country… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ of Declaration granted: the petitioner's land earmarked in the Tiruppur Detailed Development Plan for the 'E1 E1-15M' Road is deemed released (lapsed) under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971; writ petition ordered, no costs.

Issue for consideration

Whether the petitioner's land in Thottipalayam Village, Tiruppur, included in the Tiruppur Detailed Development Plan Part II (Map-2) approved on 23.05.2005 for formation of the 'E1 E1-15M' Road, is deemed to have been released from the public purpose under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 in the absence of acquisition under Section 37.

Court's answer

Perusal of the instructions produced by the Assistant Director, Town and Country Planning shows that the land has not been acquired as per Section 37 of the Tamil Nadu Town and Country Planning Act, 1971; hence Section 38 of the Act would operate.

Ratio / Principle

Since acquisition under Section 37 never took place, Section 38 operates and the lands are deemed to have been released from the public purpose.

Key takeaways

Accordingly, the writ petition stands ordered with no costs.ratio¶40

Detailed headnote1 paragraphs

Madras High Court (V. Lakshminarayanan, J.), W.P. No.30548 of 2025, decided 16.12.2025 — Deemed release of land earmarked in a Detailed Development Plan. The petitioner's land (Old Survey No.671 / Old T.S.No.1160, Thottipalayam Village, Tiruppur, extent 0.8164 acre / 81.64 cents) was included in the Tiruppur Detailed Development Plan Part II (Map-2) approved by the Assistant Director of Town and Country Planning on 23.05.2005 (DDP/R(C.N)No.1/2005) for formation of the 'E1 E1-15M' Road. On instructions produced by the Assistant Director, the Court found the land had not been acquired under Section 37 of the Tamil Nadu Town and Country Planning Act, 1971; Section 38 therefore operates and the lands stand deemed released from the public purpose. Writ petition under Article 226 allowed; no costs.

W.P. No.30548 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

W.P. No.30548 of 2025

V.Sukanyadevi Door No.219, Avinashi Road, Opposite to St.Paul Church, Tiruppur District-641 603.

Petitioner(s)

Vs

1.The Director of Town and Country Planning Office of the Directorate of Town and Country Planning Second Third and Fourth Floors, E and C Market Road, Koyambedu, Chennai-600 107.

2.Assistant Director,

Town and Country Planning Office of the District Town and Country Planning, First Floor, Kumaran Commercial Complex, Tirupur.

3.The Commissioner, Tirupur Municipal Corporation, Tirupur.

Respondent(s)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration declare that the property comprised in Thottipalayam Village, Tirupur North Taluk, Tirupur District (Property) is in forming part of Tirupur Local Planning Area Tiruppur Detailed Development Plan 5 Part II (Map-2) for the purpose of forming the “E1 E1-15M” Road which 1/7

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W.P. No.30548 of 2025

was approved by the Assistant director of Town and country planning, the second respondent herein in DDP /R(C.N)No.1/2005 dated 23.05.2005 (Revised Map No.2TP/DTP No.970/70) the petitioners lands Old survey No.671 and Old TS. No.1160 Old Block No.28, Old Ward No.2 and New T.S.Ward J and as per certificate Extract form the Town survey Land Register Old ward J, Old Block 8 Old T.S.No.3/4 pt, New T.S. No.14/2, New Ward G, New Block No.37 and measuring to an extent of 0.8164 acre or 81.64 cents or 35562 Sq.ft falls on for the purpose of forming the E1 E1 15M Road, to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act 1971 (TN Act 35 of 1974) and the decisions of this Hon’ble Court in W.P. (MD) No.8515 of 2021 dated 25.06.2021 and in W.P. No.106 of 2022 dated 07.01.202 and in W.P. no 22384 /2023 dated 22.08.2023 and in W.P.No.36559/2024 dated 23.01.2025 and in W.P. No.15837/2025 dated 18.06.2025.

For Petitioner(s) : Mr.P.Tamilmani For Respondent(s) : Mr.L.S.M.Hasan Fizal R1, R2 and R4 Additional Government Pleader For R3 : Mr.Kritheeswaran for Mr.Abishek Murthy Government Advocate

ORDER

The petitioner is the owner of the property situated in Old Survey No.671, Old T.S.No.1160, Old Block No.28, Old Ward No.2 and New T.S.Ward J measuring an extent of 0.8164 acre or 81.64 cents situated at Thottipalayam Village, Tirupur District.

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W.P. No.30548 of 2025 2. The Tiruppur Local Planning Authority had issued a detailed

development plan for Tiruppur Town on 23.05.2005. The petitioner alleged no further action had been initiated, pleads that the property deemed to have been released from public purpose under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

3. This Court had issued notice to the respondents and called upon them to get instructions.

4. When I took up the matter today, Mr.L.S.M.Hasan Fizal has produced instructions from the Assistant Director, Town and Country Planning, Tiruppur District. The same is scanned and extracted hereunder:

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5. Perusal of the letter shows that the land has not been acquired as per

Section 37 of the Tamil Nadu Town and Country Planning Act, 1971. Hence, Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 would

operate. The lands are deemed to have been released.

6. Accordingly, the writ petition stands ordered. No costs.

16.12.2025

Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka

To:

1.The Director of Town and Country Planning Office of the Directorate of Town and Country Planning Second Third and Fourth Floors, E and C Market Road, Koyambedu, Chennai-600 107.

2.Assistant Director, Town and Country Planning Office of the District Town and Country Planning, First Floor, Kumaran Commercial Complex, Tirupur.

3.The Commissioner, Tirupur Municipal Corporation, Tirupur.

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V. LAKSHMINARAYANAN, J.

mka

W.P. No.30548 of 2025

16.12.2025

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