Land reserved in Tirunelveli Perumalpuram Extension Detailed Development Plan-1 (2012) was never acquired. The court held that under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, failure to acquire within three years deemed the land released from reservation, and allowed the writ petition.
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W.P.(MD)No.25673 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.09.2025
CORAM:
THE HON'BLE MS.JUSTICE P.T.ASHA
W.P.(MD).No.25673 of 2025
N.Pather Nisha
... Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration declaring the Tirunelveli local planning Authority, Perumalpuram Extension Detailed Development Plan-1 (Comprehensive Variation) Map No.5 issued by the first and second respondents in DDP(V)TVLR/DTCP No.13/2012 vide PRO ROC No.12523/09 DP2 year 2012 earmarking the petitioner's reservation made in respect of petitioner's land to an extent of 465.51 sq.m, 5010.75 sq.ft
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situate at T.S.No.16/1A2 (Old S.No.502) Block - 7, Ward-BM Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District in the Tirunelveli Perumalpuram Extension and Development Plan No.1 (Comprehensive Variation) Map No.5 lapsed and deemed to be released as per section 38 of Tamil Nadu Town and Country Planning Act 1971.
For Petitioner : Mr.S.Srikanth For R1 and R2 : Mrs.S.Jeya Priya Government Advocate For R3 : Mr.S.Sivamu Pandian
ORDER
The writ petition has been filed for a declaration to declare the Tirunelveli local planning Authority, Perumalpuram Extension Detailed Development Plan-1 (Comprehensive Variation) Map No.5 issued by the first and second respondents in DDP(V)TVLR/DTCP No.13/2012 vide PRO ROC No.12523/09 DP2 year 2012 earmarking the petitioner's reservation made in respect of petitioner's land to an extent of 465.51 sq.m, 5010.75 sq.ft situate at T.S.No.16/1A2 (Old S.No.502) Block - 7, Ward-BM Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District in the Tirunelveli Perumalpuram Extension and Development Plan No.1 (Comprehensive Variation) Map No.5 lapsed and deemed to be released as per section 38 of Tamil Nadu Town and Country Planning Act 1971.
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for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate who takes notice on behalf of the respondents 1 and 2 and Mrs.Sivanu Pandian, learned counsel who takes notice for the 3rd respondent. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.
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on instructions, would submit that the lands under the proposed detailed development plan proposed in the year 2012, which is the subject matter of this writ petition, has not been acquired by the Government.
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19.09.2025
NCC :yes/No Index :yes/No Internet:yes/No rgm
To
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P.T.ASHA, J.
rgm
W.P.(MD).No.25673 of 2025
19.09.2025
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1 issue framed by the court
Whether a reservation of the petitioner's land in the Detailed Development Plan lapsed under Section 38 when no acquisition occurred within three years.
4 provisions across 2 enactments
N.Pather Nisha
The Director/Commissioner, Directorate of Town and Country Planning, Chepauk, Chennai
The Member Secretary/Joint Director, Tirunelveli Local Planning Authority, Tirunelveli
The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
