WP(MD)/31970/2026 of S.Rajendran Vs The State of Tamilnadu on 11 November 2026

ORDER

This Writ Petition is filed, to declare that the reservation made in respect of the petitioners land in T.S. Number 16/2, Old S. Number 162 /5. presently ward k, block 7 and another property in T. S. No. 18/2,Old .S. No. 163/1, 163/3. 163/4, 163/5, 163/6. 163/7,situated at Thirumalai Naicken Pudukudi Village, Puliangudi Municipality,

Kadayanallur Taluk. Tenkasi District, as proposed EIE1 D.D. Road D.D. Plan No. 4 under G.O.Ms.No.1730 RD and LA dated 24.07.1974 is deemed to be released / lapsed by virtue of section 38 of the Town and Country planning Act 1971 and to direct the respondents to officially release the land and update the land details in the master plan of Puliyangudi Municipality.

2. The limited facts necessary for the disposal of this Writ Petition are as follows:- The petitioner purchased the petition mentioned property and the same was duly registered before the concerned Registrar Office. Based on the same, all the revenue records were transferred in the name of the petitioner. Later, he came to know that the petition mentioned property has been earmarked under the scheme, namely, Detailed Development Plan No. 4. The petitioner submitted a representation to the respondents in this regard. However, no action has been taken on such representation. Hence, the present writ petition came to be filed.

3. The matter in hand is no more res integra and this Court in another case in W.P.(MD)No.20277 of 2024, dated 23.09.2024, has already passed favourable order to the petitioner therein and the relevant portion of the same is extracted as follows:~ “5. It is relevant to extract Sections 37 and 38 of the Act for easy reference:- -37.Power to purchase or acquire lands specified in the development plan.-

(1) Where after the publication of the notice in the Tamil Nadu Government Gazette of preparation of a regional plan, master plan, detailed development plan or a new town development plan, as the case may be, any land is required, reserved or designated in such plan, the appropriate planning authority may, either enter into agreement with any person for the acquisition from him by purchase of any land which may be acquired under section 36 or make an application to the Government for acquiring such land under the Land Acquisition Act, 1894 (Central Act I of 1984): Provided that if the value of such land exceeds fifty thousand rupees the appropriate planning authority shall not enter into such agreement without the previous approval of the Government.

(2) On receipt of an application made under subsection (1), if the Government are satisfied that the land specified in the application is needed for the public purpose specified therein, they may make a declaration to that effect in the Tamil Nadu Government Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section 6 of the said Act: Provided that no such declaration in respect of any particular land covered by a notice under section 26 or section 27 shall be made after the expiry of three years from the date of such notice.

(3) On the publication of such declaration, the Collector of the district within whose jurisdiction the land is situate, shall proceed to take order for the acquisition of such land under the said Act; and the provisions of that Act shall, so far as may be, apply to the acquisition of the said land with the modification that the market value of the land shall be the market value prevailing on the date of publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27, as the case may be.

38. Release of land.- If within three years from the date of the publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27- (a) no declaration as provided in sub-section (2) of section 37 is published in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or (b)such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.-

6. A perusal of the above Sections make it very clear that within three years from the date of publication of the notice, if no acquisition of land is made in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice, such land shall be deemed to be released from such reservation, allotment or designation. Though the proviso also enables the Government to issue notification extending the period, till date, no such notification has been issued.”

4. Today when the matter is taken up, the written instructions issued by the Assistant Director of the District Town and Country Planning office of Pavoorchatram, Tenkasi District dated 11.09.2026, is produced before this Court. In the said communication, the Assistant Director had conceded that no action has been taken as prescribed under Section 38 of the Tamil Nadu Town and Country Planning Act to acquire the lands, which were notified in the plan for a public Road. Accordingly, the authority concedes that the notification will stand lapsed and the property will stand released.

5. In the light of the above categorical acceptance of the legal position by the respondents, the Writ Petition stands allowed and it is hereby declared that the reservation made in the petitioner’s land in T.S. Number 16/2, Old S. Number 162 /5. presently ward k, block 7 and another property in T. S. No. 18/2,Old .S. No. 163/1, 163/3. 163/4, 163/5, 163/6. 163/7,situated at Thirumalai Naicken Pudukudi Village, Puliangudi Municipality, Kadayanallur Taluk. Tenkasi District, for the proposed EIE1 D.D. Road D.D. Plan No. 4 under G.O.Ms.No.1730 RD and LA dated 24.07.1974 is released as lapsed by virtue of section 38 of the Town and Country planning Act 1971 and the respondents are directed to release the said lands and update the land details in the master plan of Puliyangudi Municipality, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MRN

To

1. Rep By Its Secretary Housing and Urban Development Department Secretariate Chennai-600 009Chennai

2. The Director Directorate Of Town And Country Planning Department Cmda Campus E&c Market Road Virugampakkam Koyembedu Chennai - 600017

3. The Assistant Director District Town And Country Planning Office Tirunelveli Road J Kallorani Village Pavoorchatram Tenkasi 627 808

4. The District Collector District Collector Office Tenkasi

5. The Commissioner Puliangudi Municipality Kadayanallur Taluk Tenkasi

N.DILIP KUMAR, J. MRN WP(MD) No. 31970 of 2026 11-11-2026