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Backiyalakshmi v. The Director

Madras HC19 Mar 2025WP(MD)/6854/2025

Case brief

AI extract

What is this about?

Kochadai Detailed Development Plan No.3; Section 38 lapse/release of DDP reservation; Section 37(2) failure to acquire within three years; Tamil Nadu Town and Country Planning Act 1971; Act 35 of 1972; Section 29 approval; gazette notification 19.10.2005; Madurai Local Planning Authority; Directorate of Town and Country Planning; writ of mandamus; Article 226; release of reserved land after 20 years; W.P.(MD).No.18625 of 2022 dated 17.08.2022; Backiyalakshmi; Kochadai Village, Madurai West Taluk; Madras High Court Madurai Bench.

What did the court decide?

Writ petition ordered with a declaration that the petitioner's land in Old Survey No.112/5, New T.S.No.3/4, Block No.3, Ward 25, Kochadai Village, Madurai West Taluk stands released under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971; no order as to costs. ¶38

Backiyalakshmi 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 petitioner's land, reserved under the Kochadai Detailed Development Plan No.3 and gazetted on 19.10.2005, stands released (reservation deemed lapsed) under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, given that no steps were taken to acquire it under Section 37 within the prescribed three-year period.

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Court's answer

Since no further steps have been taken pursuant to the reservation made under the Kochadai Detailed Development Plan No.3 for a period of more than 20 years, the statutory declaration under Section 38 operates.

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Ratio / Principle

The petitioner's land in Old Survey No.112/5, New T.S.No.3/4 in Block No.3, Ward 25 of Kochadai Village, Madurai West Taluk, Madurai District stands released by virtue of the statutory mandate under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971; the writ petition is accordingly ordered and there shall be no order as to costs.

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Detailed headnote1 paragraphs

W.P.(MD).No.6854 of 2025, Madurai Bench of Madras High Court, decided 19.03.2025 (V. Lakshminarayanan, J.): Backiyalakshmi, owner (by registered Will, Document No.233/1984, executed 31.10.1984 by Muthukumar Thevar; extent 71 cents) of 2603 sq.ft in Old Survey No.112/5 / New T.S.No.3/4, Block No.3, Ward 25, Kochadai Village, Madurai West Taluk, sought release of her land earmarked under Kochadai Detailed Development Plan No.3 (Map No.4 & 5), approved under Section 29 on 03.03.2002 and gazetted on 19.10.2005, contending that no acquisition followed under Section 37 within three years so the reservation lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971; her representation of 06.03.2025 was not considered. Following this Court's earlier order in W.P.(MD).No.18625 of 2022 dated 17.08.2022 concerning the same Kochadai DDP No.3, the Single Judge held that with no steps taken for over 20 years the statutory declaration under Section 38 operates, declared the land released, allowed the writ petition and passed no orders on costs.

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W.P.(MD).No.6854 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.03.2025

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CORAM

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THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

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W.P.(MD).No.6854 of 2025

Backiyalakshmi

.. Petitioner

Vs.

1.The Director, Directorate of Town and Country Planning, 2^nd , 3^rd and 4^th Floor, C and E Market Road, Koyembedu,

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Chennai – 600 107.

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2.The Member Secretary, Madurai Local Planning Authority, Sector-6, Aanaiyur - Mudakkathan Main Road, Koodalputhur,

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Madurai – 625 017. .. Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, to direct the respondents No.1 and 2 to release the petitioner's land measuring of 2603 sq.feet situated in Old Survey No.112/5 and Town Survey No.3/4 in Block No.3, Ward-25, Kochadai Village, Madurai West Taluk, Madurai District treating the “Kochadai Detailed Development Plan No.3 (Map No.4 and 5)” of Madurai Local Planning Area as lapsed under Section 38 of Tamil Nadu Town Country Planning Act 1971 in the light of order passed in

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Page 1 of 6 https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.6854 of 2025

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Backiyalakshmi - Vs - The Director or Town and Country Planning in W.P. (MD).No.18625 of 2022 dated 17.08.2022.

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For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.Shaji Bino Special Government Pleader

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ORDER

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This Writ Petition is filed seeking issuance of Mandamus to direct the respondents to release the petitioner's land measuring 2603 sq.feet situated in Old Survey No.112/5 and Town Survey No.3/4 in Block No.3, Ward 25 Kochadai Village, Madurai West Taluk, Madurai District treating the “Kochadai Detailed Development Plan No.3 (Map No.4 and 5)” of Madurai Local Planning Area as lapsed under Section 38 of Tamil Nadu Town Country Planning Act 1971 in the light of order passed in Backiyalakshmi - Vs - The Director or Town and Country Planning in W.P.(MD).No.18625 of 2022 dated 17.08.2022.

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The petitioner claims that she is the owner of the land situated in Old Survey No.112/5, New T.S.No.3/4 in Block No.3, Ward 25 of Kochadai Village, Madurai West Taluk, Madurai District. She came by the property on account of a “WILL”, that had been executed by one Muthukumar Thevar on 31.10.1984.

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Page 2 of 6

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

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W.P.(MD).No.6854 of 2025

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The “WILL” is a registered one in Document No.233/1984. The extent of property is 71 cents. The respondents 1 and 2 had earmarked the property under “Kochadai Detailed Development Plan No.3 (Map No.4 & 5)”. This reservation by the second respondent was approved by the first respondent under Section 29 of the Town and Country Planning Act on 03.03.2002. A gazette publication to that effect was also made on 19.10.2005.

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The case of the petitioner is though 20 years have gone by from the date of the gazette notification, no steps were taken within the period of three years to acquire the land in terms of Section 37(2) of the Town and Country Planning Act. She relies upon Section 38 of the said Act to plead if no acquisition is made within the period contemplated under Section 37, then the land is deemed to have been released from the reservation allotment or designation as per the detailed development plan. To that effect, she made a representation on 06.03.2025. As the same was not considered, she has come forward with the present Writ Petition.

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I heard Mr.R.Karunanidhi for the writ petitioner and Mr.S.Shaji Bino, learned Special Government Pleader for the respondents.

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Page 3 of 6 https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.6854 of 2025

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When the matter was taken up for admission, I directed the learned Special Government Pleader to get instructions from the respondents as to whether any progress had been made in terms of Section 38 or if the time had been extended by the Government by invoking the proviso to Section 38 of the Act. Thereafter, I adjourned the matter to today.

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When the matter is taken up for hearing today, the learned Special Government Pleader reports that despite intimation, the respondents have not given him any instructions so far.

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The issue raised by Mr.Karunanidhi is, in fact, covered by a judgment

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of this Court in Backiyalakshmi and others Vs. The Director, Directorate of Town and Country Planning, Chennai, W.P.(MD).No.18625 of 2022 dated 17.08.2022 . The learned Single Judge, taking note of the fact no further steps have been taken as required under Section 37 of the Act 35 of 1972, declared that the land is released from reservation. That case also related to Kochadai Detailed Development Plan No.3.

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In this case too, as no further steps have been taken, pursuant to the reservation made under the Kochadai Detailed Development Plan No.3, for a

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Page 4 of 6 https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.6854 of 2025

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period of more than 20 years, the statutory declaration under Section 38 operates.

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Accordingly, this Writ Petition is ordered with a declaration that the petitioner's land in Old Survey No.112/5, New T.S.No.3/4 in Block No.3, Ward 25 of Kochadai Village, Madurai West Taluk, Madurai District, stands released by virtue of the statutory mandate under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. There shall be no order as to costs.

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19.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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To 1.The Director, Directorate of Town and Country Planning, 2^nd , 3^rd and 4^th Floor, C and E Market Road, Koyembedu, Chennai – 600 107. 2.The Member Secretary, Madurai Local Planning Authority, Sector-6, Aanaiyur - Mudakkathan Main Road, Koodalputhur, Madurai – 625 017.

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Page 5 of 6

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

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W.P.(MD).No.6854 of 2025

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V.LAKSHMINARAYANAN,J.

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W.P.(MD).No.6854 of 2025

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