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A.Shanthi v. The Director

Madras HC6 Oct 2025WP(MD)/26852/2025

Case brief

AI extract

What is this about?

Lapse of reservation under Section 38, Tamil Nadu Town and Country Planning Act 1971; non-acquisition within three years of Detailed Development Plan; Section 37(2); Tiruchirappalli Local Planning Area Bye-Pass Road DDP No.II dated 21.02.2002; Srirangam Town T.S.No.118/2; writ of declaration; deemed release of reserved land; Madras High Court Madurai Bench; P.T.Asha J.; 2025.

What did the court decide?

Writ of Declaration granted: the reservation of the petitioners' land (1 Acre 6 1/2 cents, T.S.No.118/2, Ward C, Block 1, Srirangam Town) in the Tiruchirappalli Local Planning Area Bye-Pass Road Detailed Development Plan No.II dated 21.02.2002 is declared lapsed and the land deemed released from reservation under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971; no costs; connected miscellaneous petition (W.M.P(MD)No.21076 of 2025) closed.

A.Shanthi Vs The Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the reservation of the petitioners' land (1 Acre 6 1/2 cents in T.S.No.118/2, Ward C, Block 1, Srirangam Town) in the Tiruchirappalli Local Planning Area Bye-Pass Road Detailed Development Plan No.II dated 21.02.2002 has lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 on account of non-acquisition within three years of publication of the plan.

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Court's answer

Since acquisition of the land was not made within a period of three years from the year 2002, nor subsequently under Section 37(2) of the Tamil Nadu Town and Country Planning Act, 1971, the land shall be deemed to be released from acquisition as per Section 38 of that Act.

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Ratio / Principle

The respondents having failed to comply with the statutory requirements under Section 37 of the Tamil Nadu Town and Country Planning Act, 1971, the lands measuring 1 Acre 6 1/2 cents in Srirangam Town, Ward C, Block 1, T.S.No.118/2 are deemed to be lapsed and released from reservation in the light of Section 38 of that Act.

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Detailed headnote1 paragraphs

Writ of Declaration under Article 226 of the Constitution of India. The petitioners' land measuring 1 Acre 6 1/2 cents in T.S.No.118/2, Ward C, Block 1, Srirangam Town (Vellithirumutham (P) T.Samuthiram (P), Jamubukeshwaram (P) Village) was reserved in the Tiruchirappalli Local Planning Area Bye-Pass Road Detailed Development Plan No.II (Map.No. 5, DDTP(V)/DTCP/Spl.CTCP.No. 15/2002 dated 21.02.2002). The respondents conceded on instructions that the land had not been acquired. Held: acquisition not having been made within three years from 2002, or subsequently under Section 37(2) of the Tamil Nadu Town and Country Planning Act, 1971, and the respondents having failed to comply with Section 37, the land stands deemed lapsed and released from reservation under Section 38 of the Act. Writ petition allowed; no costs; connected W.M.P(MD)No.21076 of 2025 closed.

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W.P.(MD)No.26852 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.10.2025

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CORAM:

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THE HON'BLE MS.JUSTICE P.T.ASHA

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W.P.(MD).No.26852 of 2025 and

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W.M.P(MD)No.21076 of 2025

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A.Shanthi

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M.S.Suresh

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M.Padma

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... Petitioners

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Vs.

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The Director, O/o.Town and Country Planning, 2nd, 3rd and 4th Floor, C Market Road, Koyembedu, Chennai 600107.

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The Joint Director/ Member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Tiruchirapalli District.

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... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26852 of 2025

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, to declare the reservation made in respect of the petitioners' land situated at SrirangamTown, Ward C, Block 1, T.S.No.118/2, Vellithirumutham (P) T.Samuthiram (P), Jamubukeshwaram (P) Village to an extend of 1 Acre 6 ½ cents from Tiruchirappalli Local Planning Area Bye-Pass Road Detailed Development Plan No.II, Map.No. 5 DDTP(V)/DTCP/Spl.CTCP.No. 15/2002 dated 21.02.2002 has been lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act 1971 within the period that may be stipulated by this Honble High Court.

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For Petitioner : Mr.K.Viralinathan For R1 to R2 : Mr.A.Kannan Additional Government Pleader

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ORDER

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This writ petition has been filed seeking for issuance of writ of Declaration to declare the reservation made in respect of the petitioners'

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land situated at Srirangam Town, Ward C, Block 1, T.S.No.118/2, Vellithirumutham (P) T.Samuthiram (P), Jamubukeshwaram (P) Village to an extend of 1 Acre 6 ½ cents from Tiruchirappalli Local Planning Area Bye-Pass Road Detailed Development Plan No.II, Map.No. 5 DDTP(V)/DTCP/Spl.CTCP.No. 15/2002 dated 21.02.2002 has been lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act 1971.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26852 of 2025

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It is the contention of the writ petitioners that though the subject

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land was approved in “Tiruchirappalli Local Planning Area Bye-Pass Road Detailed Development Plan No.II”, the property has not been acquired till date. As per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, if such acquisition is not made within a period of three years from the date of publication of the detailed development plan, the land will be deemed to have been released from such reservation from the detailed development plan. Hence, according to them, no such acquisition has been made within a period of three years, hence, the writ petition.

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The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the lands under the proposed detailed development plan proposed in the year 2002, which is the subject matter of this writ petition, has not been acquired by the Government.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26852 of 2025

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Since the acquisition has not been made, within a period of three years from the year 2002 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 Planning 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 measuring of 1 Acre 6 ½ cents situated in Srirangam Town, Ward C, Block 1, T.S.No.118/2, Vellithirumutham (P) T.Samuthiram (P), Jamubukeshwaram (P) Village, is deemed to be lapsed and released from reservation in the light of Section 38 of the Tamilnadu Town and Country Planning Act, 1971.

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Accordingly, this Writ Petition is allowed. No costs.

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Consequently, connected miscellaneous petition is closed.

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06.10.2025

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(3/3)

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NCC :yes/No Index :yes/No Internet:yes/No rgm

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26852 of 2025

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The Director, O/o.Town and Country Planning, 2nd, 3rd and 4th Floor, C Market Road, Koyembedu, Chennai 600107.

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The Joint Director/ Member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Tiruchirapalli District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26852 of 2025

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P.T.ASHA, J.

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rgm

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W.P.(MD).No.26852 of 2025 and W.M.P(MD)No.21076 of 2025